1. Isolation of patients in psychiatric hospitals in the context of the COVID-19 pandemic: An ethical, legal, and practical challenge.
- Author
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Brown C, Ruck Keene A, Hooper CR, and O'Brien A
- Subjects
- Betacoronavirus, COVID-19, Coronavirus Infections epidemiology, England epidemiology, Humans, Pneumonia, Viral epidemiology, SARS-CoV-2, Wales epidemiology, Coronavirus Infections prevention & control, Hospitals, Psychiatric ethics, Hospitals, Psychiatric legislation & jurisprudence, Infection Control legislation & jurisprudence, Mental Competency legislation & jurisprudence, Pandemics prevention & control, Patient Isolation ethics, Patient Isolation legislation & jurisprudence, Pneumonia, Viral prevention & control
- Abstract
Psychiatric inpatients are particularly vulnerable to the transmission and effects of COVID-19. As such, healthcare providers should implement measures to prevent its spread within mental health units, including adequate testing, cohorting, and in some cases, the isolation of patients. Respiratory isolation imposes a significant limitation on an individual's right to liberty, and should be accompanied by appropriate legal safeguards. This paper explores the implications of respiratory isolation in English law, considering the applicability of the common law doctrine of necessity, the Mental Capacity Act 2005, the Mental Health Act 1983, and public health legislation. We then interrogate the practicality of currently available approaches by applying them to a series of hypothetical cases. There are currently no 'neat' or practicable solutions to the problem of lawfully isolating patients on mental health units, and we discuss the myriad issues with both mental health and public health law approaches to the problem. We conclude by making some suggestions to policymakers., Competing Interests: Declaration of Competing Interest ARK was a legal adviser to the Independent Review of the Mental Health Act 1983 (reported December 2018)., (Copyright © 2020 Elsevier Ltd. All rights reserved.)
- Published
- 2020
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