ISSN: 0022-1198
CODEN: JFSCA
Published Online: 1 May 1992
Page Count: 9

Prosecuting Assaultive Psychiatric Patients
Zonana, HV
Associate professor of psychiatry and director, Law and Psychiatry Division, Yale University School of Medicine, CT

Norko, MA
Chief, Intermediate Treatment Unit, Whiting Forensic Institute, CT

Phillips, RTM
Director, Office of Forensic Services, State of Connecticut Department of Mental Health, CT

Abstract

For many reasons, inpatient psychiatric units are increasingly faced with treatment and management of violent individuals. This fosters a need to consider potential institutional responses to patient violence. This paper focuses on one response—prosecution of these persons. The existing literature on this topic is reviewed. In addition, the case history of a difficult but successful prosecution of an assaultive patient is presented. This case highlighted the development of guidelines, which are outlined herein, for determining the appropriateness of seeking legal action against patients. The paper concludes with an assessment of the benefits and risks associated with patient prosecution.

Keywords:
psychiatry, violence, jurisprudence, hospitals, patient assaults, prosecution, hospital policy

Paper ID: JFS12007J
DOI: 10.1520/JFS12007J
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