Isolation of patients in psychiatric hospitals in the context of the COVID-19
pandemic: An ethical, legal, and practical challenge
#MMPMID32768110
Brown C
; Ruck Keene A
; Hooper CR
; O'Brien A
Int J Law Psychiatry
2020[Jul]; 71
(?): 101572
PMID32768110
show ga
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.
|Betacoronavirus
[MESH]
|COVID-19
[MESH]
|Coronavirus Infections/epidemiology/*prevention & control
[MESH]
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