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Patient advocates sue New Jersey for medicating against patient’s will

August 6th, 2010

By Richard Perez-Pina, The New York Times

Patient advocates filed a federal lawsuit on Tuesday charging that New Jersey psychiatric hospitals routinely medicate patients against their will without a review by an outside arbiter, a practice that is banned in most other states.

Twenty-nine states require a judge’s ruling for involuntary medication, according to the suit, including New York, Connecticut and other large states, like California, Florida and Texas. Five other states leave the decision to an individual or panel outside the hospital. Some states also provide an advocate to represent a patient in a hearing on forced medication.

But in New Jersey, state rules allow a patient in a state hospital to appeal medication decisions only to people in the hospital. The lawsuit contends that the internal appeal process is routinely ignored and that psychiatric patients in private hospitals lack any opportunity to appeal medication regimens at all.

The suit, filed in Federal District Court in Trenton by the group Disability Rights New Jersey, seeks a court order requiring the state to provide judicial review of involuntary medication. It notes that a prison inmate has more power to contest treatment decisions than a psychiatric patient.

The drugs forced on patients include powerful medications for conditions like schizophrenia and bipolar disorder. They help many people with those diseases function better, but can have serious side effects, including diabetes, tremors, seizures, high blood pressure, obesity, sedation, aches and impaired mental function.

“As a patient in a state hospital, it’s your legal right to refuse and go through a process, but you get severely penalized if you try,” said W. Emmett Dwyer, litigation director of Disability Rights New Jersey, a federally financed organization. “They view you as noncompliant with treatment. They give you an injection instead of a pill. And they tell you if you don’t take it, you won’t get out.”

Read the rest of the article.