Hostname: page-component-745bb68f8f-f46jp Total loading time: 0 Render date: 2025-01-08T16:21:53.875Z Has data issue: false hasContentIssue false
  • English
  • Français

Duties of psychiatrists: treat the patient or protect the public?

Published online by Cambridge University Press:  02 January 2018

Gwen Adshead
Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

In this paper I will be discussing the professional duties of psychiatrists. I will argue that there is an ethical tension at the heart of psychiatric practice – between the psychiatrist's professional duties to his or her patient, and what professional duties there might be to protect public safety. It may be of some comfort to clinicians to know that this tension has exercised the best minds for centuries, including thinkers such as Marcus Aurelius nearly 800 years ago (Spruit, 1998).

Type
Research Article
Information
Advances in Psychiatric Treatment , Volume 5 , Issue 5 , September 1999 , pp. 321 - 328
Copyright
Copyright © The Royal College of Psychiatrists 1999 

References

References

Brazier, M. & Harris, J. (1996) Public health and private lives. Medical Law Review, 4, 171–192.CrossRefGoogle ScholarPubMed
Crawford, C., DeVaux, M., Ferris, R. et al (1997) The Report into the Care and Treatment of Martin Mursell. London: Camden & Islington Health Authority.Google Scholar
Department of Health (1994) Guidance on the Discharge of Mentally Disordered People, and their Continuing Care in the Community. NHS Executive HSG (94)27 & LASS (94)4. London: NHS Executive.Google Scholar
Department of Health (1997) Mental Health Services: The Patient's Charter. Leeds: Department of Health.Google Scholar
Department of Health & Home Office (1990) Code of Practice, Mental Health Act 1983. London: HMSO.Google Scholar
Department of Health, Home Office & Department of Education (1991) Working Together: Under the Children Act 1989. London: HMSO.Google Scholar
Fennell, P. (1996) Treatment Without Consent. London: Routledge.Google Scholar
Ferris, J. (1998) Ontario doctors mandated to report violence. British Medical Journal, 316, 1033–1034.CrossRefGoogle Scholar
General Medical Council (1995) Guidance to doctors. London: GMC.Google Scholar
Gunn, J. & Taylor, P. (1993) Forensic Psychiatry: Clinical, Legal and Ethical Issues, pp. 21–118. London: Butterworth Heinemann.Google Scholar
Grisso, T. & Appelbaum, P. (1998) Assessing Competence to Consent to Treatment. Oxford: Oxford University Press.CrossRefGoogle Scholar
Kennedy, I. & Grubb, A. (1994) Medical Law: Text and Materials. London: Butterworth.Google Scholar
Koch, H., Reiter-Theil, S. & Helchen, H. (eds) (1996) Informed Consent in Psychiatry. Baden Baden: Nomos Verlags-Gesellschaft.Google Scholar
Peay, J. (ed.) (1996) Inquiries after Homicide. London: Duckworth.Google Scholar
Petch, E. & Bradley, C. (1997) Learning the lessons from homicide inquiries: adding insult to injury? Journal of Forensic Psychiatry, 8, 161–184.CrossRefGoogle Scholar
Scoping Study Committee (1999) Draft Outline Proposals: Review of the Mental Health Act 1983. London: Department of Health.Google Scholar
Shepherd, J., Morley, R., Adshead, G. et al (1995) Should doctors be more proactive towards victims of violence? British Medical Journal, 311, 1617–1619.CrossRefGoogle Scholar
Shepherd, J. & Lisles, C. (1998) Towards multiagency violence prevention and victim support. British Journal of Criminology, 38, 351–370.CrossRefGoogle Scholar
Southall, D. & Samuels, M. (1995) Some ethical issues surrounding covert video surveillance – a response. Journal of Medical Ethics, 21, 104–105, 115.CrossRefGoogle ScholarPubMed
Spruit, J. (1998) The penal conceptions of the Emperor Marcus Aurelius in respect of lunatics: reflections on D.I. 18,14. International Journal of Law and Psychiatry, 21, 315–334.CrossRefGoogle Scholar
Strasburger, L., Gutheil, T. & Brodsky, A. (1997) On wearing two hats: role conflict in serving as both psychotherapist and expert witness. American Journal of Psychiatry, 154, 448–456.Google ScholarPubMed

Legal cases

Bolam v. Friern Hospital Management Committee (1957) 1 WLR 582.Google Scholar
Bolitho v. City and Hackney Health Authority (1997) House of Lords 4 All ER 771.Google Scholar
C (Refusal of medical treatment) Re: (1994) FLR 31.Google Scholar
Clunis v. Camden and Islington Health Authority (1998) 2. WLR 902.Google Scholar
R. v. Bournewood Community and Mental Health NHS Trust, ex parte L. House of Lords (1998) 3 All ER 289.Google Scholar
Palmer v. Tees Health Authority and Another (1998) Court of Appeal, TImes Law Report, 1 June 1998.Google Scholar
Sidaway v. Board of Governors of the Bethlem Royal Hospital (1985) AC 871Google Scholar
Tarasoff v. Regents of the University of California et al 131 Cal Rpt 14, 551 P2d34 (Cal 1976).Google Scholar
W. v. Egdell (1990) 1 All ER 835.Google Scholar
Submit a response

eLetters

No eLetters have been published for this article.