I am ambivalent about the role of clinicians in matters of civil liberties and individual freedoms. I am in favor of regarding the rights of the mentally ill at least equally to everyone else (if not giving preferential treatment as a protected class). Ideally, we would invoke legal sanctions, detentions and other punishments based only on the acts that one has committed. By the same token, I generally dislike the legal distinction regarding the insanity defense, and prefer the “guilty but insane” approach, with the mentally ill receiving the same sentences for criminal behavior, albeit served in a different type of facility. I also dislike being put in the position of being responsible for determining the likelihood that someone is going to present a risk to themselves or to others, or that a child is in danger of being physically or sexually abused. Yet, I am required by law, by self-preservation, by ethical guidelines and by personal morals to be aware of these matters and to act in certain ways. Clinicians have been sued for failures to warn others when a patient gave them indications that they wished to hurt someone else, and have even been sued later by patients themselves for failing to detain them and prevent some undesirable outcome. I would very much prefer to say, “Hey, people are responsible for their own behavior. I’m just here to try to help them when they want it.”
On the other hand, clinicians are in a position in which we come to know about risk factors that have, in other cases, preceded harmful outcomes, and I can understand a societal wish to prevent harm to the greatest extent possible. On the whole, I would like to be able to prevent any harm befalling anyone. The balance is difficult.
Here’s a modified real life example: During my internship, there was a guy on the inpatient unit who had been increasingly paranoid that coworkers and others were out to get him. He began seeing signs of this. For example, when he returned to his work area on one occasion, he found a pencil lying on a book. He was certain that someone had left it there in a particular way to send him a message that they were targeting him. This grew to the point that he believed those out to get him were sending strangers by his house to case the joint and eventually to attack him. He began thinking that he would be proactive and get them before they got him. He did have a gun, and regarded using it in this way as a matter of self-defense. Now, to this point, he has not done anything criminal. In that sense, it is unfair to legally compel him to do anything. However, it seems equally unfair to the family of the guy who is just out for a walk and is shot to death not to try to prevent this from happening. Yet we don’t know for sure that any such thing will happen. What is the right thing to do in this case?
What is our responsibility to the husband of the woman with bipolar disorder who disappeared from home for a week, was found in a hotel room with a young man several hours away, and had spent a good deal of the family’s money. In this case, she seems largely a threat to herself, but not in the sense of being likely to kill herself. Her husband is victimized by her behavior, but is not in danger of death. Is the right thing to do simply to say, “Sorry, buddy. Either grin and bear it or get a divorce” or agree with his wishes and compel her to treatment? In this case, I would prefer to honor individual liberties and lean towards the former, even though her own pain will likely be greater when she comes out of her manic period and finds herself out of a relationship. It seems sad, though, because a friend of mine with bipolar disorder painfully described his experience of having some peripheral awareness about his behavior during the midst of a manic period. He felt like a spectator and had some dismay about what he was doing and what was happening, but was unable to stop himself.
What of the instance in which a young man with bipolar disorder in a manic phase was highly agitated and destructive in his parents’ house, where he was living, and was making threatening statements as he knocked everything from the mantel and broke furniture? Here one might stretch threatening statements into “terroristic threats,” but ITSM that we typically don’t really concern ourselves as a society with people committing vandalism within their own homes. Should the parents endure the behavior, try to engage the police to remove him without regard to his mental health, or to try to engage mental health specialists to hold and treat him, regardless of his wishes?
What of the guy who was depressed and suicidal, and whose wife, during family sessions was as cold and uncaring about his emotional state, his thoughts of self-harm, and his feelings of failure regarding his job loss and career transitions as one could be without being overtly hostile? Eventually, he stopped acknowledging suicidal ideation, though he could not deny a lack of change in his mood, and stated that he wished to leave the unit. Ultimately, with safety contracts and commitments by his wife to remove guns and rope from the house, he did leave. I found out that about 6 or 8 months later, he did kill himself. Regarding suicide, I feel that clinicians should do what they can to prevent people from killing themselves because the likelihood is that their desire to kill themselves will diminish or resolve entirely. However, for some it won’t, and I believe that ultimately if a person actually wishes to end their life, the decision is theirs to make.