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Abusing Medical Power During a Divorce
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Gather all factual documentation
The relevant evidence would include the police report, 911 recording, dispatch records, body-camera footage, EMS documentation, hospital records, collateral-contact notes, telephone records, psychiatric evaluations, and other contemporaneous documentation showing exactly what information was supplied and how it was used
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Ordinary Conduct and Psychiatric Interpretation
Dr. Land characterizes several behaviors as evidence of paranoia. These included parking the automobile some distance from a destination, leaving a vehicle unlocked, and leaving a residence door unlocked. These are not behaviors demonstrated paranoia or psychosis and that he had not previously been told that such conduct was considered evidence of psychiatric illness.
The significance of these allegations is not that a particular behavior can never constitute evidence of psychiatric illness.
It is that psychiatric conclusions should be examined in context.
A behavior can have multiple explanations. The fact that a person parks a car far away from a destination, leaves a door unlocked, or leaves a vehicle unlocked does not, without additional context, establish a psychiatric diagnosis.
The critical question therefore becomes whether the behavior was presented to other decision-makers accurately and in its proper context and whether the resulting psychiatric conclusions were supported by an adequate professional evaluation.
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The Power of a Physician
A physician occupies a position of extraordinary trust.
Patients disclose information to physicians that they ordinarily would not disclose to anyone else. Physicians have access to medical histories, diagnoses, prescriptions, psychiatric information, treatment records, and intimate details concerning a patient's life. A physician's professional opinion can also carry substantial weight with police officers, emergency medical personnel, hospitals, courts, family members, and other physicians.
That authority is particularly consequential when the subject is psychiatric illness.
A statement that a person is experiencing hallucinations, delusions, paranoia, or another serious psychiatric condition can cause other people to interpret the person's conduct through an entirely different lens. Ordinary conduct may be reinterpreted as evidence of illness. Disagreement may be interpreted as lack of insight. Attempts to explain one's conduct may themselves be interpreted as symptoms.
When such information is communicated to police or emergency medical personnel, the consequences can extend beyond medicine.
The person may be transported to a hospital. The person may be involuntarily evaluated. The person may be prevented from leaving. Physicians who have never previously treated the person may receive information from third parties and incorporate that information into their evaluation.
This is why the integrity of information entering the psychiatric system is so important.
The Legal Importance of the Information Supplied to Authorities
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