Questions for Mental Illness Commitment
DOCTOR
State your name.
Will counsel stipulate to doctor’s qualifications? Qualify doctor if necessary. (Where and when graduated from medical school; licensed to practice medicine in the State of Texas; where currently practicing.)
Have you had an opportunity to examine ?
What is your diagnosis?
Is this a mental illness? (If doctor says psychosis NOS, ask if the doctor is working on another diagnosis and ask again if it is a mental illness.)
As a result of the mental illness, is likely to cause serious harm to himself/herself?
As a result of the mental illness, is likely to cause serious harm to others?
Is he/she suffering severe and abnormal mental, emotional or physical distress?
Is he/she deteriorating in his/her ability to function independently?
Is he/she able to make a rational and informed decision as to whether to submit to treatment?
Why do you believe that is likely to cause serious harm to himself/herself? (Ask specific questions about each act or behavior; whether the doctor would currently characterize him/her as suicidal; whether able to take care of activities of daily living.)
Why do you believe that is likely to cause serious harm to others? (Ask specific questions about each act or behavior.)
How did get taken to the hospital? (MIW, APPOW, voluntary, etc.) Need to establish the recent overt act that occurred that caused the patient to be apprehended or taken in to ER/hosp.
If doctor references a police report, have doctor relate what it says.
Where was he/she taken? (emergency room or other hospital)
What happened after he/she arrived there?
What happened after he/she was seen in the emergency room? (OPC’d to the current hospital - could be Green Oaks ER and then GO in patient and then to TSH)
What day was he/she admitted to your facility?
While the patient has been at your hospital, has he/she agreed to take any psychiatric medication?
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(If yes) What medication? Has it been helpful? What would you expect over more time?
(If no- patient has not agreed to take medication) What psychiatric medication would you prescribe for the proposed patient?
What would you expect it to do for him/her?
How old is ?
Does have a history of mental illness?
How far back does it date?
Do you know when his/her last psychiatric hospitalization was?
Was he/she supposed to be receiving outpatient treatment prior to being hospitalized this time?
Was he/she complying? Taking medication? Going to a clinic? Did patient tell you why not going/taking medication?
In your opinion, should be required to have further observation and treatment in a structured environment such as (hospital recommendation) ?
Is this the least restrictive alternative?
Do you believe that he/she would be appropriate for any type of outpatient treatment program at this time?
Have you talked with about receiving hospitalization at (recommendation) ?
What was his/her response?
In your opinion, what would happen to if he/she were released today without further treatment?
! PASS THE WITNESS
! REDIRECT (IF NECESSARY)
! REST (IF NO OTHER WITNESSES)
! CROSS EXAMINE PROPOSED PATIENT IF CALLED TO TESTIFY
! OPPOSING COUNSEL RESTS
! STATE CLOSES AND MAY CHOOSE TO WAIVE ARGUMENT
! REBUT IF OPPOSING COUNSEL ARGUES CLOSING
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