PSCY9915 Civil Law In Relation To Psychiatry Homework Answer

Answer :

PSCY9915

Civil Law in Relation to Psychiatry

Identification and articulation of the issues that are found to be associated in this scenario 

The given case study is about an individual, Joe Bloggs, who was found to be undergoing psychiatric treatment with Paddington Clinic. On the evening of 14-15^th October 2008, he murders Mr and Mrs Bashir, who was a Muslim couple who lived next door to Bloggs. It was also found from the case study that Bloggs had previously taken a shine to the Bashir’s great-niece, Jane, and although Jane seemed to reciprocate that interest Mr and Mrs Bashir disapproved of the liaison and forbade Jane from seeing Bloggs and told Bloggs that he was not welcome at their house. Eventually, after Bloggs repeatedly attended the house to see Jane, Mr and Mrs Bashir took out a restraining order against Bloggs. As a matter of fact, it was further mentioned in the case study that Jane Bashir has not been able to concentrate on her university studies, from which she has now withdrawn and has otherwise been unable to maintain any employment for a period of more than a few weeks. Whenever she sees reminders of her great aunt or uncle, she sobs uncontrollably (Zeller, 2010). The police who arrested Bloggs found numerous unopened packets of Zyprexa in his house. Even the crime scene made Plod suffer from PTSD (Post Traumatic Stress Disorder) after what she encountered (Kearns et al., 2012). She saw that Bloggs had taken a carving knife and disembowelled each of Mr and Mrs Bashir and draped the entrails between chandeliers suspended from the ceiling of their living room. 

The real issue in regards with the case scenario allotted is the medical negligence of Paddington Clinic. Hence, it becomes essential to analyse the legal and factual liabilities here on how they can proceed with such a decision when a person is facing mental trauma. 

In this regard, this report aims towards preparing a piece of advice for consideration based on which a decision will be made whether or not to defend the contemplated proceedings as a Solicitor of the Inner City Area Health Service responsible for Paddington Clinic. For this purpose, this report will include segments such as a literature review on similar incidents followed by advice for consideration, reflection on the factual and legal issues, court proceeding procedures, and will end up with a dignified conclusion on the case study. 

Shreds of evidence from past

This section will include five similar incidents that have been recorded in Australia over the last couple of years. Based on the interventions and proceedings from these cases, an inspiration to design the advice for consideration will be taken. 

On June 1 2018, Mr Deakin was remaining with his grandparents at their property in the Bega, on the NSW Far South Coast. The concurred realities set out a stunning frenzy whereby the accused wounded his 71-year-old grandfather with a five-centimetre penknife prior to cutting his 69-year-old grandmother multiple times. Mr Winner, at that point, battled with his grandson over the blade prior to supporting five further injuries. Mrs Winner later kicked the bucket (Reardon, 2021). Following this, the blame took off in a vehicle. He drove officials on police pursuit pursues twice - first close to the Bega CBD and afterwards on the Princes Highway. Mr Deakin's risky driving was seen by resigned cop Michael Horne who was driving with his better half. Horne followed Deakin to close Bounded and moved toward the 20-year-old. Deakin growled at the previous cop when asked what he was doing, disclosing to Mr Horne to "follow the code". Deakin responded to another inquiry by moaning prior to eliminating a hooked hammer from his rucksack and striking Horne in the rear of the head. Mr Horne's significant other needed to look as his spouse died minutes prior to seeing Deakin drive away in the couple's vehicle.

Justice Robert Beech-Jones directed the preliminary at the NSW Supreme Court. Throughout procedures, he got master proof and witness explanations. Altogether, there were three specialists who surveyed Mr Deakin. They additionally found a trait of dysfunctional behaviour as Mr Deakin's uncle was likewise determined to have schizophrenia (Reardon, 2021). At last, the arraignment acknowledged that the offences were likely because of a schizophrenic scene, as opposed to being brought about by the utilisation of precluded medications like cannabis and LSD. As such, the court was left with no alternative except to acknowledge that the protection of not blameworthy by reason of psychological instability was made out on the equilibrium of probabilities.

In 2014, a Melbourne Grammar student, Easton Woodhead, cut to death vagrant Morgan Wayne Perry. Morgan Wayne Perry also called 'Mouse'. Morgan Wayne Perry was cut to death by Easton Woodhead. A preliminary, Dr Olav Nielssen gave proof that on the equilibrium of probabilities, Woodhead was enduring an extreme first scene of schizophrenia right now of the executing. Dr Nielssen had been approached to compose a report on Woodhead by the guard. His proof was at chances with that of Dr Clare McInerney, the therapist called by the arraignment (Singh, 2021). A jury saw the young fellow not as blameworthy of homicide on account of psychiatric impedance. Mr Perry's sister, Michele Perry, disclosed to Australian Story she was stunned when the jury declared their decision. "I'm happy he (Woodhead) is getting the assistance he needs," she said. Woodhead was provided with a custodial oversight request with an ostensible term of 25 years. That term alludes not to the fact that he is so long to remain in care but instead to the greatest measure of time permitted to pass before the states of the request are inspected in court. He could be delivered from a psychiatric office impressively prior and set under a non-custodial oversight request. Then again, he could be confronting long-lasting confinement (Singh, 2021). West Australian barrister and the former president of the Criminal Lawyers Association, Linda Black, echoed that the lack of facilities in Western Australia led many people found not guilty because of psychiatric issues and psychiatric phases they were showing while detained in jail.

The 49-year-old had argued not liable by reason of psychological sickness in the NSW Supreme Court in Armidale to killing the 43-year-elderly person with a blade in a home on a property on the edges of Armidale in mid-June 2017. He, at that point, hauled the man's body outside to the terrace and set a cap "flawlessly" on him and his boots close to him. It's at this point unclear precisely when he killed his companion, who had been sitting in front of the TV, yet the body was found around 8 am the following day after police were alarmed (Chillingworth, 2019). Neither one of the men can be distinguished for legitimate reasons. Justice Stephen Campbell acknowledged two master psychiatric reports and, on Wednesday, returned a unique decision of not blameworthy to kill by reason of psychological maladjustment. 

The now 49-year-old will be kept inconclusively in an exceptional wing at a restorative office or psychiatric medical clinic until he is delivered by fair treatment of law. Justice Campbell acknowledged the Crown and safeguards contentions and discovered the accused couldn't be considered criminally answerable for the 2017 demise. The accused was determined to have distrustful schizophrenia in his young years, and the 43-year-elderly person was accommodating with his significant other and had bought a property. However, he had consented to remain at the property (Chillingworth, 2019). He was really worried for the accused, and it appears to be that he had vowed to watch the State of Origin football match with the accused the evening of his passing. 

The court likewise heard proof about a preposterous discussion the accused had with his mom before the body was found. The court heard the accused told police that he had been undermined through the dividers of the cells after his capture. The guard master surveyed the 49-year-old and discovered that he has an illness of the mind and was influenced by an imperfection of reason at that point. The proof in court said this ‘psychiatric move’.

Further, Stephen Douglas, 62, was slaughtered when he went to the Balmain East home of Peter John Kemball, 41, on the evening of November 28, 2019, to determine the status after a detailed decay in his psychological state. Mr Kemball, who has long-standing schizophrenia, had been carrying on progressively inconsistently before the occurrence and was encountering various fancies, including that his folks were the lawmakers Malcolm Turnbull and Julie Bishop, and Mr Douglas was Satan or an assassin who needed to execute him (Mitchell, 2020). Not long after Mr Douglas showed up at Mr Kemball's loft at 3.13 pm, he was wounded on different occasions. Police were called after Mr Kemball called his dad and said what he had done; at that point, he sent a photograph of Mr Douglas. On Wednesday, after an appointed authority alone preliminary in the NSW Supreme Court, Justice Peter Johnson saw Mr Kemball not as blameworthy of homicide because of dysfunctional behaviour (Mitchell, 2020). Justice Johnson said there is no uncertainty Mr Kemball executed his case manager in an assault dispatched "viably out of nowhere while in a crazy state, yet it is clear he couldn't value the misleading quality of his activities. 

Mr Kemball will be confined inconclusively as a legal patient until it is dictated by a free council that the local area won't be truly imperilled by his delivery. In casualty sway proclamations read to the court, Mr Douglas' children Adam and Sean depicted him as a cherishing and steady dad and granddad who adored music, food, travel and football and wanted to make individuals snicker. Adam Douglas said November 28 would perpetually be a day of haziness and tremendous trouble in regards to the Civil Law of the country, and the way that his dad was taken while he was attempting to give care and backing is an injustice that won't ever be quantifiable. Justice Johnson echoed that the family has talked smoothly of their misfortune, and it is clear Mr Douglas was a family man whose unexpected misfortune has struck at all levels of the Douglas family (Berenson, 2007). The judge additionally recognised the difficulties looked at by the groups of those living with dysfunctional behaviours. He said Mr Kemball's family were doing everything they could have that enabled them to lead the pack up to the occurrence.

Lastly, an examination showed that the 41-year-old Mr Kauffman, who was 5 feet 10 inches, weighed 259 pounds when he passed on. His mom accepts that the weight he acquired while on Zyprexa added to the coronary illness that executed him. It was found that taking Zyprexa for a very long time, Mr Kauffman, who had been a major soccer part in secondary school and had kept a typical load into his mid-30s, acquired around 80 pounds. He was discovered dead on March 27 at his condo in Decatur, Ga., right external Atlanta. Eli Lilly, which makes Zyprexa, said in an explanation that Mr Kauffman had other ailments that might have prompted his demise and that Zyprexa is a lifesaving drug. The organisation said it was disheartened by Mr Kauffman's demise. Nobody would say Mr Kauffman had a simple life. Like a huge number of different Americans, he experienced a bipolar issue, a dysfunctional behaviour described by times of despondency and craziness that can end with crazy visualisations and fancies. After his last breakdown, in 2000, a medical clinic in Georgia put Mr Kauffman on Zyprexa, an incredible antipsychotic drug (Berenson, 2007). Like different drugs Mr Kauffman had taken, the Zyprexa balanced out his mind-sets. For the following five and a half years, his disease remained moderately controlled. However, his weight expanded — a typical result of Zyprexa. His mom, Millie Beik, gave data about Mr Kauffman, including clinical records, to The New York Times. 

For some patients, the results of Zyprexa are extreme. Interfacing them with explicit passing can be troublesome, in light of the fact that individuals with psychological sickness create diabetes and coronary illness more habitually than different grown-ups. In any case, in 2002, a factual examination led for Eli Lilly found that contrasted and a more seasoned antipsychotic drug, Haldol, patients taking Zyprexa would be essentially bound to create coronary illness, in view of the consequences of a clinical preliminary looking at the two medications (Berenson, 2007). Precisely the number of individuals has kicked the bucket because of Zyprexa's results, and whether Lilly sufficiently unveiled those dangers are focal issues in the great many item responsibility claims forthcoming against the organisation and in state and government examinations.

Factual and Legal Issues in the scenario

After seeking the aspects associated with all the cases and incidents mentioned above, it has been found that the issue with mental illness and liability against medical negligence are not new in the society of Australia. However, prescribing Zyprexa is also found to be a common thing to control the level of anxiousness and anxiety one have. With that said, the situation of Bloggs is somewhat similar to all the incidents discussed above. Thus, it becomes essential to prosecute legal compliance that might be beneficial and satisfactory for both Jane and Bloggs. Concerning the aspects associated with Bloggs and the level of the psychiatric problem he is having, an immediate consolidation and treatment are required to be integrated (Appelbaum & Swanson, 2010). However, taking Zyprexa has been observed as implicating and reflecting a negative and deadly impact on Bloggs. Thus, it is highly recommended not to suffocate and issue Zyprexa any longer. In this regard, the clinical association that is Paddington Clinic becomes the primary subject as the prescriptions cannot be diversified when the medicines are having such reflexive impacts on the patient. Hereby, as a solicitor for the Inner City Area Health Service, the authority responsible for the Paddington Clinic, I request the panel to take immediate action against the association. 

The police who arrested Bloggs found numerous unopened packets of Zyprexa in his house. Even the crime scene made Plod suffer from PTSD (Post Traumatic Stress Disorder) after what she encountered. She saw that Bloggs had taken a carving knife and disembowelled each of Mr and Mrs Bashir and draped the entrails between chandeliers suspended from the ceiling of their living room. Based on the shreds of evidence that have been echoed in the case study, Plod is supposed to be intervened with proper PTSD processes (Kyron et al., 2020). In this regard, a panel should be allotted that will be responsible for investigating the claims Plod is putting forward.  On the other hand, it has also been found that Jane Bashir has not been able to concentrate on her university studies, from which she has now withdrawn, and has otherwise been unable to maintain any employment for a period of more than a few weeks. Whenever she sees reminders of her great aunt or uncle, she sobs uncontrollably. Morally, the shreds of evidence that have been recorded in favour of Jane Bashir should be allotted and prescribed proper jurisdiction to consolidate the harms and losses (Freckelton & Selby, 2019). In this regard, both the healthcare association and the family members of Bloggs should compensate for the thresholds. 

Further, the clinical association, Paddington Clinic, which is associated with prescribing a continuation of Zyprexa to Bloggs, becomes the primary subject as they cannot prescribe such medicine when it is having such a reflexive impact on the patient. From the incident of Mr Kauffman, it has been found that explicit passing of Zyprexa can be troublesome, in light of the fact that individuals with psychological sickness create diabetes and coronary illness more habitually than different grown-ups is evident in the case of Bloggs (Applbaum, 2010). 

The legislation of mental health clearly states that if a patient who is mentally unwell, they should be detained only if they possess some crucial symptoms such as mood swings, though process disorder, irrational behaviour against someone (violence or aggression), or delusions. 

The legal issues in regards to the intervention of Ms Plod might include the prosecution faking the PTSD symptoms. It was found from the case study that Ms Plod, who arrested Bloggs, found numerous unopened packets of Zyprexa in his house. Even the crime scene made Plod suffer from PTSD after she saw Bloggs with a carving knife around Mr and Mrs Bashir and draped the entrails between chandeliers suspended from the ceiling of their living room (Morse, 2011). At the same time the legislation of mental health also asks the authorities to assess some factors before proceeding for final detention of the person on the scene.  

Further, it was also claimed that Jane Bashir has not been able to concentrate on her university studies, from which she has now withdrawn, and has otherwise been unable to maintain any employment for a period of more than a few weeks. Whenever she sees reminders of her great aunt or uncle, she sobs uncontrollably. The legal issue in this regard includes a barrier that whether the healthcare association held or possessed any duty of care against the patient. However, in this particular case scenario, there exists a conflict between the obligations of mental health legislation and general law of the country (Kaplan et al., 2014). But just to mitigate on the safer side, some pre-recording and post-recordings might help echoing significant and relevant admissible evidence in the court. 

Lastly, it has been found from the case study that the clinical association, Paddington Clinic, which is associated with prescribing a continuation of Zyprexa to Bloggs, becomes the primary subject because they kept on prescribing medicine that had a reflexive impact on the patient. The legal issue in this regard might include the procedure general psychiatrist follows to medicate their patients (Byard & James, 2015). This is evident from many cases that the healthcare association and the legislation should assess some factors before making up on the final decision. These include factors such as does the authority has the right to control or seek to control such a situation, who will be behold responsible for it, a public authority can enforce such circumstances that have risks associated with it, and if not, who should be given the right to intervene and protect the liabilities at such a scenario.  

Court Proceedings 

To mitigate legal issues in regards to the intervention of Ms Plod, who arrested Bloggs found numerous unopened packets of Zyprexa in his house, the NDIS examinations might help. It has been found from the case study that the crime scene made Plod suffer from PTSD after she saw Bloggs with a carving knife around Mr and Mrs Bashir and draped the entrails between chandeliers suspended from the ceiling of their living room. In this regard, however, having PTSD attacks is common in the lives of a policeman and army people; reasonable foreseeability should be considered as the principle factor here (Macintyre, 2020). 

From the case study, it was also found that Jane Bashir has not been able to concentrate on her university studies, from which she has now withdrawn and has otherwise been unable to maintain any employment for a period of more than a few weeks. It has also been claimed that whenever she sees reminders of her great aunt or uncle, she sobs uncontrollably. The legal issue in this regard included the shreds of evidence to claim the defence of Jane from the mental issue she is undergoing. Thus, to mitigate these issues in court proceedings, shreds of evidence via pre-assessments and psychiatric treatment report should be presented in defence (Ford, 2010). In this regard, it becomes essential to analyse the foreseeability of risk and for this purpose, fortitude test is suggested from a psychiatrist point of view.  

Further, the clinical association, Paddington Clinic, which is found to be associated with prescribing a continuation of Zyprexa to Bloggs, becomes the primary subject as they cannot prescribe such medicine when it is having such a reflexive impact on the patient. From the incident of Mr Kauffman, it has been found that explicit passing of Zyprexa can be troublesome, in light of the fact that individuals with psychological sickness create sudden shock factors and other traumatic issues as well (Thomas, 2013). The legal issue in this regard included the medical negligence of using Zyprexa to mitigate the issues and problems associated with the mental health status of the patient. This can be encountered in court proceedings by elaborating the stages of medication assessments. Even when a medicine is generally prescribed for a disease, the civil liability against inner-city health sector states that medical negligence is a civil wrong (Rozel & Zacharia, 2021). Thus, it becomes a part of the assessment of the healthcare organisation to check the compatibility of the medicine with the patient's intake habits with their extreme consent and autonomy. 

Conclusion

To conclude, the given case study is about an individual, Joe Bloggs, who was found to be undergoing psychiatric treatment with Paddington Clinic. Medical negligence was the major consideration to debate in this assessment. In this regard, this report aimed towards preparing a bit of advice for consideration based on which a decision will be made whether or not to defend the contemplated proceedings. For this purpose, this report has included segments such as a literature review on similar incidents followed by advice for consideration, reflection on the factual and legal issues, and a discussion on the court proceeding procedures as well to mitigate the legal issues.