Sunday, December 27, 2009

The American Psychiatric Association 2009 Xmax present for humanity : electric shock torture classified as "low risk"

by Justice Lover

The APA, which is the world's biggest organisation of psychiatrists, and the most important partner in the Big Pharma-psychiatry combine, continues its promotion of psychiatric torture in open defiance of public opinion (see for example http://18thoutlawpsychiatry.blogspot.com/2009/04/doctors-of-deceptions-and-electroshock.html and see also : http://18thoutlawpsychiatry.blogspot.com/2008/12/forced-electroshock-in-usanational_16.html).

Its promotion of electric shocks torture for "mental patients" is further proof of its loyalty to the ruling class, and not merely to the pharmaceutical industry. It is further proof that the shrinks are ruling class' executioners and torturers
(see a honest neurologist's testimony which exposes the psychiatric lies and deceptions about the so called "safety" of electric shocks "therapy" here : http://3rdoutlawpsychiatry.blogspot.com/2007/08/more-on-crime-of-electric-shock-torture.html ).

The article below leads to the conclusion that there is a direct and deliberate link between psychiatry and fascism, as the inventor of electric shocks "therapy" in 1938 was an Italian psychiatrist at the service of the Mussolini regime, the world's first fascist dictatorship, and now the shrinks want his electric shock invention declared a "safe therapy". This new attempt follows closely the shrinks' recent attempt to promote lobotomy
(see :
http://18thoutlawpsychiatry.blogspot.com/2009/11/psychiatry-fascist-quackery-is.html ).
==================================

http://www.examiner.com/x-31400-Portland-Mental-Health-Examiner~y2009m12d26-APA-wants-shock-therapy-machines-classified-lowrisk

APA wants shock therapy machines classified “low-risk”

December 26, 5:17 AMPortland Mental Health ExaminerJenny Westberg

On Dec. 23, 2009, the American Psychiatric Association asked the U.S. Food and Drug Administration to class electroconvulsive therapy machines as low-risk devices, citing “strong evidence of [ECT’s] safety and efficacy.”

Currently, the machines are unregulated, falling into a gray area for devices in use before 1976, when the FDA began requiring proof of safety and effectiveness for new medical devices.

Depending on the FDA’s decision, data on clinical safety and efficacy may or may not be required. If the agency classifies ECT machines as Class I or II, there will be no mandatory review; if the devices are ranked Class III, denoting higher risk, safety and effectiveness must be established.

ECT is safer than when it was introduced in 1938. A single point of contact is often used instead of two, and anesthesia prevents the bone-breaking convulsions that were common in the past. But it is still controversial. Advocates say it is a treatment of last resort for severe depression; opponents point to side effects including possible brain damage and death.

For the estimated 30 percent of patients whose depression remains untouched by medication, ECT might provide relief. Some individuals say it has helped them when nothing else has.

But for others, the treatment is a nightmare.

One such person is Juli Lawrence, 46, of Long Island, N.Y., who told MSNBC that a course of 12 shock treatments in 1994 left her with memory loss and cognitive damage--and did not help her depression. “I was completely devastated,” said Lawrence.

The APA says, however, that the devices are safe. "There's no evidence to show [ECT] machines that we're using now are dangerous if used as indicated," reported Jerry Lewis, MD, a professor of psychiatry at the University of Iowa, and a member of APA. "The electrical current we use…is modulated enough that it doesn't cause any problems. The only issue you might see sometimes is cardiac arrhythmia."


Sunday, December 13, 2009

MORE ON THE CRIMES OF THE PSYCHIATRY-BIG PHARMA COMBINE
by Justice Lover

This is the first time AHRP (see its report below ) gives the correct definition for "Antipsychotic" psychiatric drugs, namely : poisons. They are poisons for any and all consumers, no matter what age or gender !

Psychiatry is a terrorist, fascist quackery. Big Pharma, the transnational pharmaceutical drugs corporations, which manufacture these poisons - which the shrinks call "medications"- have been perpetrating crimes against
humanity !




ALLIANCE FOR HUMAN RESEARCH PROTECTION

A Catalyst for Public Debate: Promoting Openness,
Full Disclosure, and Accountability
http://www.ahrp.org

FYI

A front page article in The New York Times raises the long-overdue alarms about the forced drugging of American children--in particular poor children who are condemned to ingest toxic neuroleptics (a.k.a. 'atypical antipsychotics) at a rate four times higher than children whose parents have private insurance.

These drugs qualify under the definition of poison.


Wikepedia definition of poison:

"In the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism."

These drugs' toxic debilitating effects are clinically measurable and demonstrable in children's impaired biological functions (cardiovascular, hormonal, metabolic, gastrointestinal) and damaged organs (liver, heart, and brain) not to speak of their adverse effects on children's mental and psychological well-being.


The only unknown factor is how long it will take for these drugs' toxic effects to cause a particular child severe, irreversible damage.

"Some experts say they are stunned by the disparity in prescribing patterns. But others say it reinforces previous indications, and their own experience,
that children with diagnoses of mental or emotional problems in low-income families are more likely to be given drugs than receive family counseling or psychotherapy."

Of note, as the Times reports, "Part of the reason is insurance reimbursements, as Medicaid often pays much less for counseling and therapy than private insurers do."

This points to the (perhaps) unintended, but likely catastrophic consequences of a "public insurance option"--one that fails to rein in irresponsible clinicians who have financial ties to drug manufacturers. The
FDA's failure to restrict the use of toxic, harm producing prescription drugs whose clinical efficacy is a matter of heated debate--coupled with the agency's recent irresponsible approval of these drugs for use in
teens--without evidence of long-term safety usage--demonstrates a colossal disregard for America's vulnerable children who are relegated as sacrificial lambs.

The Times quotes one of the leading American child psychiatrists who suggests that children on Medicaid who are being prescribed poison at quadruple the rate that other American children are, "are getting better treatment."

"Maybe Medicaid kids are getting better treatment," said Dr. Gabrielle Carlson, a child psychiatrist and professor at the Stony Brook School of Medicine. "If it helps keep them in school, maybe it's not so bad."

That encapsulates the perverse culture of psychiatry. Its leading "experts" maintain that disastrous treatment produced (iatrogenic) outcomes- such as, drug-induced diabetes, cardiovascular disease, hyperprolactemia /
gynecomastia (male enlarged breasts) *--are actually desirable outcomes from "better treatment."
* See:
http://www.plasticsurgery4u.com/gynecomastia_gallery/teenage_gyno_gallery.htm



Contact: Vera Hassner Sharav
veracare@ahrp.org
212-595-8974
(Emphasis in red by Justice Lover)

See THE NEW YORK TIMES :
http://www.nytimes.com/2009/12/12/health/12medicaid.html

Saturday, December 5, 2009

WOULD THE CASE BELOW OPEN UP THE PANDORA BOX OF PSYCHIATRY-BIG PHARMA COMBINE ?
by Justice Lover



http://www.boston.com/news/local/massachusetts/articles/2009/12/04/kin_sue_harvard_over_sons_suicide?mode=PF

Kin sue Harvard over son’s suicide

Allege negligence in health services’ drug prescription

Harvard sophomore John Edwards was studying to become a doctor and training for the Boston Marathon in June 2007 when he sought help at the university’s Health Services because he could not study for as many hours as some of his friends.

A nurse practitioner prescribed a drug to treat attention deficit hyperactivity disorder, a condition the overachieving Edwards had never been diagnosed with. Later, she prescribed two powerful antidepressants, Prozac and Wellbutrin, when he began complaining of anxiety, depression, and other side effects. Meanwhile, he was taking a fourth drug for acne, Accutane, that has been linked to suicidal thoughts.

“The Wellbutrin is having the effect that we were seeking . . . but unfortunately I feel like it has canceled out the anxiety-reducing effects of the fluoxetine [Prozac], as recently I’ve been pretty nervous,’’ Edwards wrote in a Nov. 27, 2007, e-mail to the nurse practitioner, Marianne Cannon. “Let me know if I should schedule to come in and meet with you soon, or if I should change the med plan.’’

Cannon replied that she was concerned and told Edwards to schedule an appointment with her. Two days later, Edwards, 19, of Wellesley committed suicide in a bathroom at Harvard Medical School by suffocating himself with a plastic bag.

His father, John B. Edwards II of Wellesley, filed a suit Wednesday in Middlesex Superior Court alleging gross negligence by Cannon; Dr. Georgia Ede, who was the doctor who supervised her; and Harvard College, for causing his son’s wrongful death

Harvard released a statement yesterday, saying, “We understand how difficult it must be for John Edwards’ family to cope with such a tragic loss, but we are confident that the care he received at Harvard University Health Services was thorough and appropriate and he was monitored closely by its physicians and allied health specialists.’’

Lisa G. Arrowood, a Boston attorney who represents Edwards, said, “We’re alleging that the supervising physician in this case did not do her job, which was to supervise the nurse who didn’t have medical training that a physician has. She was writing prescriptions for powerful drugs that were inappropriate in this combination and are associated with an increase of suicide.’’

The US Food and Drug Administration has warned that anyone taking Accutane, Prozac, or Wellbutrin should be monitored closely for suicidal thoughts.

“If a college such as Harvard cannot properly care for somebody like Johnny, I think it’s very concerning who can,’’ Edwards’s father said. “They are leaders in medicine and psychiatry, and it’s just astounding that at a school such as Harvard that something like this could happen.’’

Edwards was class president and valedictorian of Wellesley High School class of 2006 and played on the school’s championship tennis team. His father said he was an A student at Harvard and was conducting stem cell research at Harvard Medical School.

He said he “thought it was bizarre’’ when his son told him he had been prescribed medication for attention deficit disorder, because “he never had an attention issue.’’

The suit accuses Cannon of prescribing Adderall, an amphetamine, which caused Edwards to have chest pains and anxiety, then several months later prescribing Prozac and then Wellbutrin, even though Edwards told her he had taken Prozac when he was younger and experienced “out-of-control feelings.’’

Edwards said his son was upset by a break-up with a girlfriend two months earlier, but there was no indication he contemplated taking his own life. He was training for the marathon and had created a Harvard College Marathon Challenge Web page, with a goal of raising $2,000 for two charities. “In six months, I hope to cross the finish line of the Boston Marathon,’’ Edwards wrote.

His father said he last saw him when he dropped him off at his dorm two days after Thanksgiving. “He seemed to be in a good mood,’’ Edwards said. “I gave him a kiss on the head and hugged him. He hugged me. I told him I loved him and left. He seemed to be fine.’’

Edwards said his son, a guitarist, was planning to perform “High and Dry’’ by Radiohead with a friend at a talent show the night after his death. The show was canceled because of the suicide, then held three months later. His only sister, Julia, now 16, learned the song and played it in his memory.

Edwards said he always hated to run, but after his son’s death he started training and ran the Boston Marathon this year.

“I put some of Johnny’s ashes in my back pocket,’’ Edwards said, his voice cracking. “Together we ran the marathon.’’

Shelley Murphy can be reached at shmurphy@globe.com.

http://www.boston.com/news/local/massachusetts/articles/2009/12/04/kin_sue_harvard_over_sons_suicide?mode=PF

Thursday, December 3, 2009

EXTRACTS FROM THE LATEST AHRP REPORT :

ALLIANCE FOR HUMAN RESEARCH PROTECTION

A Catalyst for Public Debate: Promoting Openness,
Full Disclosure, andAccountability
http://www.ahrp.org

FYI

BIG PHARMA'S CRIME SPREE is a riveting report by David Evans in the current issue of Bloomberg Markets Magazine relying on recent criminal legal settlements. It leaves no doubt about the fact that Big Pharma's buiness practices are defined by criminal activities. Finding cures is not even remotely a consideration for this industry, as it would present a financial conflict of interest. Shorter version:http://www.bloomberg.com/apps/news?pid=20601109&sid=a4yV1nYxCGoA&pos=10

"Across the U.S., pharmaceutical companies have been pleading guilty to criminal charges or paying penalties in civil cases when the U.S. Departmentof Justice finds that they deceptively marketed drugs for unapproved uses,putting millions of people at risk of chest infections, heart attacks,suicidal impulses or death. Since May 2004,Pfizer, Eli Lilly & Co., Bristol-Myers Squibb Co. and four other drug companies have paid a total of $7 billion in fines and penalties. Six of the companies admitted in court that they marketed medicines for unapproved uses."

"About 15% of drug sales in the U.S. are for unapproved uses without adequate evidence the medicines work."The widespread off-label promotion of drugs for untested, unapproved uses is a manifestation of a health-care system that is dysfunctional as it is costly. Americans are paying exorbitant prices for drugs that put their lives at increased risk of death. Indeed, a conservative estimate by theInstitute of Medicine (2000) is 106,000 preventable deaths from non-error adverse prescription drug effects.

In September 2007, New York-based Bristol- Myers paid $515 million-without admitting or denying wrongdoing-to federal and state governments in a civill suit brought by the Justice Department. The six other companies pleaded guilty in criminal cases.The evidence is inescapable: "Marketing departments of many drug companies don't respect any boundaries of professionalism or the law," says Jerry Avorn, a professor at Harvard Medical School. Indeed, rather than having a deterrent effect, the number of Big Pharma high profile criminal settlements is increasing and the settlements are getting bigger.Bloomberg documents how companies such as Pfizer and Eli Lilly--each has been prosecuted repeatedly for the same crimes--are, if anything, emboldened as repeat offenders--ignoring FDA admonitions, as well as promises made to the Department of Justice not to break the law.

In January, 2004, "the Pfizer unit, Warner-Lambert, pleaded guilty to two felony counts of marketing a drug for unapproved uses. New York-based Pfizer agreed to pay $430 million in criminal fines and civil penalties, and the company's lawyers assured prosecutor Michael Loucks and three other prosecutors that Pfizer and its units would stop promoting drugs for unauthorized purposes. What Loucks, who's now acting U.S. attorney in Boston, didn't know until years later was that Pfizer managers were breaking that pledge not to practice so-called off label marketing even before the inkwas dry on their plea."

"Jeff Kindler, who became Pfizer's general counsel in 2002, supervised the lawyers who made the promises to prosecutors. By 2004, Kindler increased the compliance budget 12-fold.""What Pfizer's lawyers didn't tell the prosecutors was that Pfizer was at that moment running an off-label marketing promotion using more than 100 of its sales people" who were pitching Bextra for pain, a use the FDA explicitly forbade Pfizer to promote! In 2001, the FDA had rejected Pfizer's application to market Bextra for pain because in clinical trials the drug had shown it could cause heart damage and death.In her guilty plea (March 30, 2009), Mary Holloway, a Pfizer regional sales manager for the Northeastern US, acknowledged that her team promoted Bextrato doctors without disclosing the risks, and also acknowledged that her team"had solicited hospitals to create protocols to buy Bextra for the unapproved purpose of acute pain relief. Her representatives didn't mentionthe increased risk of heart attacks in their marketing..."

Kindler became chief executive officer in 2006. In Pfizer's ethics guide, he says stories about misbehaving companies and executives abound. "Pfizer truly stands apart," he says. "I am proud of our record."Instead of being held accountable for criminal marketing practices Pfizer and its corporate divisions engaged in. On Oct. 1, Kindler was elected to the board of the Federal Reserve Bank of New York...


Contact: Vera Hassner Sharav
veracare@ahrp.org
212-595-8974
(Emphasis by Justice Lover)

Saturday, November 28, 2009

PSYCHIATRY - THE FASCIST QUACKERY - IS REINFORCED BY THE RULING CLASS SO AS TO TORTURE, MAIM AND KILL MORE PEOPLE IN THE NAME OF "MEDICAL TREATMENT"
by Justice Lover


Under the title,Psychosurgery Promoted by the NYT_ Here We Go Again...,
the latest
AHRP report opens as follows :

"True to an ignoble tradition of lending its "authoritative"
front page to
promote psychiatry's most radical experimental approaches to dealing with patients disabled by mental illness, today's front and center article in The
New York Times, "Surgery for Mental Ills Offers Both Hope and Risk," by
Benedict Carey, sends an optimistic positive spin on psychiatry's current
spade of experimental brain surgeries. A large photograph--rather than
compelling evidence--attempts to lend the story significance.
http://www.nytimes.com/2009/11/27/health/research/27brain.html ."

The New York Times has been, of course, a major mouthpiece of the ruling class, and psychiatry is one of the major tools to control the people, using the pretext of medical "treatment" of "mental illness". It has been forcing on its patient-victims deadly dangerous drugs, electric shocks, and "psychosurgery" (lobotomy) as "therapies", which in reality result in torture, brain damage or death.

In his article titled,The Brain-Butchery Called PSYCHOSURGERY, Lawrence Stevens
(
see: http://www.antipsychiatry.org/ ) concludes that

"Like most quack therapies, even "psychosurgery" has supporters not only among its practitioners but also among at least a few of those who have received it--or perhaps I should say at least a few of those who have, psychologically speaking, survived it. The amount of damage done by "psychosurgery" varies widely. The extent of damage depends on how much and what parts of the brain are severed. It turns some people into vegetables, but if the psychosurgeon cuts very little it may affect the "patient" little or in no noticeable way, except for power of suggestion or placebo effect. Much like those who believe their lives have been lengthened by coronary bypass surgery contrary to scientific evidence showing no increased longevity from the operation for most people who undergo it (see Thomas J. Moore, Heart Failure: A Critical Inquiry Into American Medicine and the Revolution in Heart Care, Random House, 1989, pp. 113-125), the survivors of "psychosurgery" sometimes emerge from the ordeal of the operation with a strong psychological need to believe they have benefited from the surgery and so may claim they have. But it is hard to believe they really have, for the same reason it would be hard to believe a computer programming error was corrected not by altering the programming but by disabling a part of the computer. This is especially true considering how little is known about the brain today. Like psychiatric drugs and electroshock, "psychosurgery" may seem to some to be helpful if it eliminates the so-called symptoms of so-called mental illness. If a person is disabled enough, all of his or her "symptoms" of anything (including desirable personality traits) will be "cured". But disabling a computer is not a solution for bad programming, and disabling a person's brain is not a cure for socially/culturally inappropriate learning and resulting socially/culturally unacceptable thinking, display of emotion, or behavior--whether the means used to disable the person's brain is drugs, electroshock, or "psychosurgery".
"

He quotes psychiatry professor Thomas Szasz as follows :

"When a person eats too much, his intestines are short-circuited: this is called a `bypass operation for obesity.' When a person thinks too much, his brain is short-circuited: this is called `prefrontal lobotomy for schizophrenia.'" (Doubleday, 1973, pp. 61-62).

Lawrence Stevens then concludes as follows :

" The use of brain-damaging "treatments" like lobotomy, electroshock, and psychiatric (particularly neuroleptic) drugs illustrates the stupidity, arrogance, and audacity of psychiatrists and other physicians who use these so-called treatments. Rather than showing concern for people stricken by biological or psychological infirmities or disadvantages or weaknesses, these biological "therapies" reveal both foolishness and callous disregard for human rights, human life, and human welfare--particularly in the case of involuntary administration, which is still done, at least in the cases of psychiatric drugs and electroshock. While brain damage from psychiatry's drugs may not have been apparent from the start, it is or to any person with normal intelligence and common sense should have always been obvious that electroshock and "psychosurgery" are brain damaging."

(Emphasis by Justice Lover)

Thursday, November 26, 2009

Notes for judges, guardians and psychiatrists - German shrinks are informed

René Talbot



(Please snowball this message in e-mail lists, newsgroups, facebook etc.)

Good news from Germany!

The new law on advance (medical) directives entered into force on the 1st of September, 2009.
On this occasion we published "Notes for judges, guardians, psychiatrists" (see translation below) to educate these professions and the public about the consequences of the new law in detail and about our special advance directive (which we call a "PatVerfue") against any forced psychiatry. For promotion we added as subtitle to "PatVerfue": "Insane? Your own decision!" We also sent the "Notes for judges, guardians, psychiatrists" to some prominent people for comment and the most interesting answer we got from Prof. Edzard Schmidt-Jortzig, Chairman of the German Ethics Council (appointed by the Federal Parliament), a former federal justice minister, who also teaches law at the University of Kiel. He comments:
I find your „Notes for judges, guardians and psychiatrists" extremely helpful…

Additionally we faxed these "Notes for judges, guardians, psychiatrists" to all psychiatries with locked wards in Germany, so the doctors of all these institutions are now aware that we have confirmation of their knowledge about them.

The German-speaking shrinks are now having their big annual shrink conference in Berlin and proudly announced that about 8,000 participants will come. What a great occasion for us to supply all of them without any further expenses with a "Notes for judges, guardians, psychiatrists" flyer. Because the venue is on a "traffic island" and the only access for pedestrians is via an underpass, we have a perfect public place for our demonstration: all of the participants have to enter the venue through this underpass, where we can furbish them with our flyer, sell our magazines "Zwang" and "Irren-Offensive" and show our good mood because their system of violence has been cracked by our "PatVerfue" which is by now also a registered trade mark so the shrinks can not use any deceptive means. (Here are some photos of our subversive demonstration: http://www.flickr.com/photos/32611092@N08/sets/72157622749480165/show ). More good news is that up to now there are also three lawyers among the publishers of the PatVerfue. Jan has created an English forum on facebook about the PatVerfue : http://www.facebook.com/group.php?gid=96315707940

Our task now is to campaign for the use of the PatVerfue. We are trying to raise funds for a professional advertising video clip to screen in cinemas and on youtube.

I report about this action because I think it is important to spread the news about another path to abolish forced psychiatry as, at least here in Germany, the UN disability convention turned out to be a complete failure (read here: Deception failed ) The hopes built on the convention were perhaps disappointed, because the aim of abolishing the violence in psychiatry all at once is too far reaching, as we could achieve this only with an implicit statement in such a convention. So our consideration here in Germany after the failure of the convention was to lobby for a law on advance directives, which indeed allows us to opt out of the psychiatric coercion system. This is a very important step in between, because it enables us to opt out of being diagnosed by the simple use of a signed sheet of paper. This can now be done successfully and the result is that the psychiatric lie of being able to detect an objective "mental" illness proves to be a myth, comparable with the "emperor without clothes". Because we do not want to be mentally ill, we cannot be mentally ill, being protected simply by a sheet of paper :-)
An illness which can disappear just by a declaration of the person concerned can never fulfill the criteria of an illness as an objective fact.

I hope my explanations are an incentive for other groups to intensify their activities for a change in the national law to end the cruelties the psychiatrists commit as state protected criminals.

Best regards
rene talbot
(secretary of IAAPA and
board member of "Bundesarbeitsgemeinschaft Psychiatrie-Erfahrener", a national organization of German survivors, English websites)
---------------------------------------------

Notes for judges

Judges may only make a judgement on those who are unable to give informed consent. One must distinguish the following facts:
a) If there is no known advance directive and there is neither a privately named representative nor a legal guardian.
In this case, the presumed will must be determined and obviously it is the natural will not to be locked up because the person would otherwise have voluntarily entered into a psychiatric ward or would stay there. Physicians need to refute this (natural) will (which was strengthened by the legislature in as much as that an advance directive may actually be revoked) by proving a previously expressed desire to be locked up. This is actually only possible with a positive psychiatric advance directive, having been expressly approved in the presence of witnesses (if this is in writing, case b) applies).

b) There is an advance directive without guardians or privately named representatives.
In this case, the text in the advance directive must apply. Interpretations are only possible with contradictory instructions in the advance directive, or if the advance directive - as opposed to a PatVerfü is very general and vague.

c) There is a guardian or a privately named representative and there is no known advance directive.

In this case, the guardian or named representative must determine the presumed will, see a), and make this known to the judge in case the doctor says he knows the will of the person concerned better and objects. The following must always be observed: the will of a person overrides his well-being and/or is determined by the subjective will of the person concerned and in that respect these are identical. This was decided by the legislature on 18/6/2009.

d) There is an advance directive and a guardian or privately named representative.
In this case, what stands in the advance directive must be the determining factor. Interpretations are possible only with contradictory statements in the advance directive or if the advance directive - as opposed to a PatVerfü - is very general and vague. In particular, there shall be no psychiatric diagnosis without the informed consent in an advance instruction, the requirement for informed consent being explicitly stated by the legislature on 18/6/2009:
§ 1901a (1): ... When an adult, who is able to consent, puts in writing that, in the event of his inability to consent whether he approves or prohibits certain therapeutic or medical examinations of his state of health

A judge must therefore:
1) determine whether there is an incapacity to give consent.

This requires a psychiatric assessment, which would violate a PatVerfü and which is therefore impossible! On the basis of his own experience, a judge can only determine an incapacity to give consent of a person in a coma. This means a PatVerfü is a primary protection from unwanted psychiatric measures!

2) ascertaining if there is a coma case.

In this case, the court must first check the register of the federal chamber of notaries for advance directives and representanion agreements. For if there is a registered privately named representative, then the fact itself and the name of the representative must be immediately reported to the doctor so that he contacts the representative and learns the likely wishes the patient had documented in his advance directive in order to be able to act on it - preferably by the advance directive being quickly faxed to the hospital. Any judge´s decision is most probably then not necessary - the "privatization" of a medical decision intended by the legislature takes place.

3) determine whether there is an inability to give consent and whether there is no privately named representative or legal guardian.
If so, then the doctor or the hospital is asked whether the patient presented an advance directive, or if he had an advance directive with him.

If so, see b).
If not, in this case, with a coma patient maximum medical treatment must be the presumed will. Excluded, however, is psychiatric treatment against his will, if no previous statement of intent for this exists, see a).

4) determine whether there is a PatVerfü.
If so, it is very simple for the judge. As soon as a PatVerfü is presented, the procedure can immediately be stopped.
(Therefore this information for everyone: the best is to always have an original PatVerfü with you because then doctors will know even before a judge "what's going on“ and that makes their decision easy :-) )

Notes for legal guardians

Since 1/9/2009 the new legislation on advance directives is in force. The legislature has by law made a person's will or their informed consent to medical treatment as the relevant and decisive criterion for this. This becomes clear in the wording of the bill:

§ 1901a Advance directives
(2) If there is no advance directive or should the specifications of the advance directive not be in accordance with the current living and treatment situation, the guardian must find out the wishes for treatment or the presumed intention of the person under guardianship to determine and decide on that basis if he consents to or prohibits a medical action under paragraph 1. The presumed will is to be determined on the basis of actual evidence. Considerations include particular previous oral or written statements, ethical or religious beliefs and other personal values of the person under guardianship.


A court-appointed guardian thereby has the duty to ascertain the wishes of a person under care or to determine his presumed will on the basis of concrete evidence if there is not already e.g. a PatVerfü, a psychiatric will, or an advance directive with similar goals. A decision without a thorough investigation would be negligent (if not grossly negligent) if however, on the basis of a lack of knowledge, no intent can be imputed. Confinement in a psychiatric hospital, or even forced treatment due to a negligent investigation or even against a better knowledge may be legally punished if the person concerned should prosecute. Since the guardian now more than ever is in charge of the process, he also has a special responsibility for careful investigation.

If a guardian should ever learn of the existence of an advance directive, whether it had been declared in writing or orally in the presence of witnesses, in which psychiatric forced incarceration, coercive treatment or even just a psychiatric diagnosis without mutual agreement has been prohibited, the new law now obliges him to do everything in his power so that these unwanted medical interventions are not undertaken. Only if he has received an up to date signed statement from the person concerned that there is no such oral or written order, or one that might ever have been made is now definitely no longer valid, is forced incarceration a possible option at all, as the current will of the person concerned is not to be locked up because this person would otherwise voluntarily enter or stay in a psychiatric ward.

A person can only be detained or even treated against his current will, if earlier such treatment was explicitly approved and such an approval has also never been revoked (see e.g. positive psychiatric advance directive), or it is documented in writing that he/she has never had an advance directive and in addition the person concerned has committed himself to informing the guardian accordingly about issuing a new advance directive.

Without such a written statement about the nonexistence of an advance directive, a guardian is always in danger, perhaps through an oversight not to have noticed that the person he is the guardian of once said that he had an advance directive. If the person in guardianship has a witness for this statement, the guardian could quickly have a criminal and also a civil law problem due to compensation claims for pain and suffering of the person under guardianship. This would be the case if the guardian should apply for forced incarceration or even coercive treatment in the court, simply because a doctor sees a need for treatment and maybe even wants to prevail with this by an alleged „danger to oneself or others“.
For the prevention of endangerment, it is the police who is in charge, resticted by the law to criminal investigations, not a preventive medical oracle.

For judging a situation, it is therefore NOT important, what doctors think is advisable and necessary, or what prognosis they make, rather the current will of the person under guardianship has priority. Only when the person under guardianship has been judged by a court as having an „inability of informed consent due to illness" must his previous wishes or interdictions be determined and only then, if on the basis of concrete evidence his informed consent to use coercion can be documented, a guardian can consider a forced incarceration because only then will a medical judgement come into play.

Notes for psychiatrists

On 18/6/09, the legislature made a far-reaching and radical decision with regard to psychiatry because, by this new law, the will of the patient is given priority over his well-being, which reduces psychiatric paternalism to a residual category. This is done by the fact that now the well-being of adults is defined subjectively by themselves, in accordance with their wishes and volition, even if it can only be speculated about his will. Up till now, the determination of well-being was left to expert opinions by doctors, whose judgement was almost always confirmed by the judges. For legitimation the decision should appear as "objective" or "rational", but in fact this only documents a governing power structure: psychiatric paternalism.

It becomes a residual category because only if it is established that:
a) a person has no PatVerfü, and
b) knowingly and willfully approved psychiatric diagnosing, namely after having been extensively informed about its potential effects, consequences and side effects and any potential further uses of this diagnosis,
may a psychiatric diagnosis be made at all.
The legislature has specially also included this first step of medical procedures in the new Civil Code § 1901a and placed under the condition of the approval of the person concerned that:
(1 When an adult, who is able to consent, puts in writing that, in the event of his inability to consent whether he approves or prohibits certain therapeutic or medical examinations of his state of health…

For the very reason that for judges, the law is a guideline and yardstick for the decision, courts can only then order the making of a psychiatric diagnosis by force, when in doing so the notes for judges [see here] are observed *. Psychiatric diagnoses without informed consent of the person concerned can therefore only become legal by his prior approval of this first medical step being documented in writing or proven by witnesses. Illegal investigations are a violation of Personal Rights and can lead to serious penalties - for example: illegally made HIV or genetic tests. They are incompatible with medical ethics.

We make the following recommendations although we are convinced that there is no such thing as a mental illness and therefore nothing can be psychiatrically diagnosed anyway. But because doctors (so far!) do not share this premise, the following advice is made assuming the fiction that it does exist and psychiatric specialists could offer help.
The violence inherent in all psychiatric measures, either as direct coercion, or only as implicit, structural threat of imprisonment in a "locked ward" and the coercive treatment in them, has to be replaced by persuasion:

The patient must be convinced by factual proof that a psychiatrist´s suggestions in no case are followed by any non consensual act by him. The informed consent of the patient should be documented each time anew e.g. by his signature. The patient´s right to say "no" must be valid not only at any time, but should also be believed and felt by him to be the case. A tool of persuasion could be e.g. the offer of the physician to document his rigorous and strict observance of medical confidentiality, especially with regard to all state institutions and courts, by a written confirmation given to the patient. Of course any expert opinion delivered to a court for a forced incarceration of a patient according to any mental health act is completely incompatible with such a confirmation and should even be unthinkable.

It is very convincing for the patient if he is repeatedly offered the option to also say "no" and that he can leave whenever he wants, and other outpatient aid is offered to him.

Given that the history of psychiatry is a history of the cruel use of violence and the most brutal of human rights violations, only in a long-lasting and irreversible process of absolute non-violence can trust in psychiatric specialists develop at all. The alternative is the complete abolition of this profession.
------------------------
* If a patient remains persistently silent, (illegal) torture methods would have to be used to make the patient speak. This is why the best advice to a person in this situation is stony silence with regard to any psychiatrist.
--------------------------------
These notes are also published in the internet: http://www.zwangspsychiatrie.de/non-german/notes-for-judges-guardians-and-psychiatrists

Friday, November 6, 2009

RECENT NEWS CONFIRM THAT THE PSYCHIATRY-BIG PHARMA COMBINE CONTINUES TO EXPAND ITS RULE TO THE DETRIMENT OF HUMANITY
by Justice Lover

The press cutting below shows that the shamless top shrinks continue to ignore public opinion and legal investigations, thus enforcing furthermore the dangerous rule of psychiatry-Big Pharma combine. As this is taking place in the USA the rackets are sure to spread around the world.

Another news item concerns The Mothers Act which is due to become law in the USA in a few days time. This dangerous law expands treatment of mothers for postpartum conditions. It also calls for the development of "improved screening and diagnostic techniques" meaning more dangerous psychitric drugs for the victimised mothers ( like Andrea Yates, the American mother who after taking a combination of antidepressants and antipsychotic drugs, drowned her kids).

Still another piece of bad USA legislation is the
"Mental Health Parity" bill which makes health insurance pay for psychiatric disorders on a par with physical illnesses. Under this bill, the insurance would cover all 374 disorders in psychiatry's billing bible, the Diagnostic and Statistical Manual. It could cover everything from hyper-religiosity to arithmetic disorder, and where there are "disorders" there are Big Pharma poisons to "cure" them.

Still another bill includes funding for School Based Health Clinics that will include subjective psychiatric mental health screening (called mental health assessments) of children, and "referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs" as part of their "comprehensive primary health services." This is a direct feeder line from schools to the psycho/pharmaceutical industry.


Only when Big Pharma bosses would be prosecuted for crimes against humanity, and when psychiatry would be outlawed, will this very dangerous world scandal stop, and it had better stop sooner rather than later !


http://www.miamiherald.com/news/breaking-news/story/1318257.html
Print This Article

Controversial psychiatrist to head UM medical school department

Charles Nemeroff, an Atlanta psychiatrist who was the subject of a Senate investigation concerning huge sums he received from drug companies, is being named chair of the psychiatry department at the University of Miami medical school.

Last year Nemeroff, as chair of the Department of Psychiatry at Emory University, was the intense focus of an investigation by Sen. Charles Grassley, R-Iowa, who said he was concerned about the money the psychiatrist received from drug companies while conducting supposedly unbiased research for the National Institutes of Health on drugs made by the companies he was receiving money from.

On Thursday, Pascal Goldschmidt, dean of UM medical school, called Nemeroff ``an extraordinary psychiatrist and scientist. . . . He got into serious trouble on disclosure on conflict of interest.''

Goldschmidt said he had read investigative reports from Emory about Nemeroff's activities and found nothing to indicate that payments the psychiatrist received had in any way influenced his research results.

In a telephone interview at mid-day Thursday, Nemeroff, 60, told The Miami Herald he was excited to be coming to Miami. ``I think it's going to be a top-10 school.''

A front-page report by The New York Times in October 2008 said that congressional investigators found Nemeroff -- ``one of the nation's most influential psychiatrists'' -- had received $2.8 million in consulting deals with drug makers over seven years and failed to report at least $1.2 million of that to Emery University.

Based on Grassley's complaints, Emory suspended Nemeroff's work on an NIH grant and asked him to step down as chair of psychiatry while it studied his conduct. Earlier this year, The Atlanta Journal-Constitution reported that the Office of the Inspector General of the Department of Health and Human Services had launched an investigation into Nemeroff's activities.

The OIG said it never confirms nor denies any inquiries about investigations. Nemeroff said he knew nothing about an OIB investigation. NIH did not immediately respond on Thursday morning to Herald requests for comment. Nemeroff said he had been told by NIH that he could apply for grants as soon as he arrives in Miami.

About $800,000 to $1.2 million, according to published reports, came from GlaxoSmithKline, while Nemeroff was leading a major study into mood disorder drugs, including ones made by GSK.

Nemeroff said Thursday that the news reports had not made clear that the talks were on GSK drugs now on the market, while his research funded by NIH involved animal and lab studies of GSK chemical compounds that were years away from market.

The psychiatrist said in retrospect he should have declared the drug maker payments but that, at the time, he viewed the university standards as not requiring such revelations since the talks were of an educational nature. Emory has since changed its rules to make them more clear.

In a letter to Grassley last December, Emory officials wrote: ``We do not believe that Dr. Nemeroff's participation in the compensated speaking arrangements with GSK in any way biased the research conducted under the grant, although we will continue to ensure that no such bias existed.''

The Emory letter said Nemeroff's talks on behalf of GSK were ``focused on medical education and were not product specific or promotional. . . . As you alleged, Dr. Nemeroff did not disclose substantial speaking fees from pharmaceutical companies to Emory. Under federal regulations and Emory's policies, we believe he should have done so, although both the regulations and our policies could have been clearer.

``In Dr. Nemeroff's view, substantive, nonproduct specific talks focused on general medical education did not present a significant financial interest and were therefore not subject to disclosure under the United States Public Health Service.''

Grassley responded in a letter that his staff's research found that Nemeroff's talks were not educational and should have been reported.