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Cleveland State University

Medicine and Health Sciences

Law Faculty Articles and Essays

Psychiatry

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The Law And Psychiatry Wars, 1960-1980, Sheldon Gelman Jan 1997

The Law And Psychiatry Wars, 1960-1980, Sheldon Gelman

Law Faculty Articles and Essays

The chapter of the book excerpted below examines litigation developments from the late 1960s to the early 1980s. In law no less than in psychiatry, professional judgments produced anomalous results and professional processes worked in unexpected ways when it came to medications. These departures advanced a public mental health vision that was functionally the same as psychiatrists', even if couched in utterly different and more legalistic terms. Psychiatrists hailed medications as a medical revolution; lawyers by and large ignored the drugs. Yet, both professions reached the same general conclusions about what should be done.Commentators at the time saw an emerging …


Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman Jan 1984

Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman

Law Faculty Articles and Essays

Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …