Mental Health Issues:
Helping Family, Friends and Coworkers
In
the aftermath of the Virginia Tech killings, the discussion quickly turned to
the killer's probable mental illness.
The tragedy once again highlighted the importance of treating those
suffering from mental illness. Below, we
have outlined the resources that you may consult, and the steps you may take,
if you suspect that a loved one, friend, coworker or acquaintance is suffering
from a mental illness and presents a danger to you or others.
Mental Health Resources
The first step in aiding a loved one or friend
suffering from a mental illness is to arm yourself
with information on the resources available.
The National Alliance on Mental Illness
website provides information on mental illnesses, such as depression,
schizophrenia and bipolar disorder, and provides links to local resources and
educational programs. The Indiana Protection and
Advocacy Services website provides a listing of the rights of patients
receiving treatment in a mental health facility. In addition, the Indiana Division of Mental
Health and Addiction provides a list of service providers for the Hoosier
Assurance Plan, a program that assists individuals in paying for mental health
or addiction services. This list can be
found on their website at http://www.in.gov/fssa/mental/hap/index.html. Finally, if you believe that a loved one,
friend, coworker or acquaintance poses a danger to you, you may wish to ask a
court for a protective order. You can
download the forms for protective orders, as well as instructions on how to
complete them, at http://www.in.gov/judiciary/forms/po.html.
Concern for a Loved One
If you suspect that a loved one is suffering from a
mental illness and poses a danger to you or others, you should first consult
with your family physician. Your
physician can evaluate your loved one's behavior and determine whether mental
health treatment is necessary. If such
treatment is necessary, you should speak with your loved one about seeking
treatment voluntarily. Your physician
will be able to suggest mental health providers or facilities that can provide
the necessary services. You may also
consult any of the resources listed above for the names of providers in your
area.
If your family physician determines your loved one
may be mentally ill and either gravely disabled or dangerous, and your loved
one will not consent to treatment, you have two options. First, if your loved one will agree to visit
a hospital's emergency department, you can work with the physicians there to
complete an emergency detention petition.
An emergency detention permits a hospital to detain your loved one, up
to 72 hours, pending an evaluation by a mental health professional. If your loved one will not visit the
emergency department, your second option is to complete the emergency detention
petition and file it directly with the court.
Your family physician can provide the physician statement required for
the petition. Many counties have local
mental health associations that will assist you in completing emergency
detention petitions. Once you have filed
the petition with the court, a judge may endorse the petition and the sheriff
may then take your loved one into custody and transport him to the hospital for
evaluation. It's important to remember
that an adult suffering from a mental illness has the right to refuse
treatment. It is only when one becomes
gravely disabled, or dangerous to himself or others, that the court can compel
treatment.
Concern Regarding Coworker or Acquaintance
If you seriously believe a coworker or acquaintance
poses a danger to you, you should consult your local law enforcement agency,
such as the local police department or sheriff.
Inform the officers of the specific behavior that has caused you
concern. For instance, describe any
threats made by the coworker or acquaintance, or any other behavior or comments
that make you believe he or she poses a danger to you or others. Law enforcement can then evaluate whether a
protective order, or some other intervention, is appropriate.
Notify Others
In all instances, if you feel threatened by another's
conduct toward you, you should notify others who can help you protect yourself
and others. Too often we are afraid to
share our concerns, for fear we will inappropriately label someone as mentally
ill. First, you do not need to inform
anyone that you believe your loved one, coworker, or acquaintance is mentally
ill. Instead, focus on his or her
behavior. Is he violent, moody,
irrational, or obsessive? Does he call
frequently without cause, follow you too closely or too often, speak to
himself, or make comments that indicate he harbors harmful or dangerous
thoughts toward others? If so, inform
either your family physician or local law enforcement officer, whichever is
most appropriate, about this behavior.
Providing such information is not unfair to your loved one, coworker or
acquaintance; it is merely an effort to protect yourself and others from threatening
behavior.
You should not stop with notifying your physician or
local law enforcement. Notify other
appropriate persons of your concerns as well.
If you are concerned that a loved one poses a harm to you or others,
inform other family members and friends so that you may all work together in
seeking treatment for your loved one and prevent your loved one from harming
others. If you are concerned that a
coworker or acquaintance poses a danger to you or others, alert those who may
be in danger and those who may be able to prevent harm. For instance, if you believe an acquaintance
is stalking you, or a loved one, alert your landlord or neighbors and encourage
them to notify local law enforcement if they observe the individual on or near
your property. If a coworker causes you
concern, alert your supervisor and coworkers.
You should also alert your supervisors if a client or patron of your
workplace threatens you or causes you concern.
Your employer may apply for a workplace violence restraining order,
which bars the threatening client or patron from returning to your
workplace. The forms for these workplace
orders may also be located on the website listed above.
The tragic deaths on Virginia Tech's campus should
encourage everyone to promptly seek help for a loved one, friend, or acquaintance
suffering from mental illness. If you
are concerned about a loved one, friend or acquaintance you should speak with
your family physician or a police officer regarding the behavior you've
observed. You should also enlist the
help of your friends, coworkers and neighbors in addressing the behavior of
your loved one, coworker or acquaintance.
Again, the best way to help a loved one, coworker or acquaintance
suffering from a mental illness is to arm yourself
with information. Thus, please consult
the resources listed above.
Sherry A. Fabina-Abney is a partner at Ice Miller LLP and part of
the Health Law Practice Group. Sherry Fabina-Abney is a partner who provides litigation and risk
management services to healthcare entities and professionals. Blaire M.
Henley is an associate in Ice Miller's litigation section, concentrating
her practice in the areas of health care and risk management.
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This publication
is intended for general information purposes only and does not and is not
intended to constitute legal advice. The reader must consult with legal
counsel to determine how laws or decisions discussed herein apply to the
reader's specific circumstances.