Protecting the Suicidal Patient

Savage v South Essex Partnership NHS Foundation Trust[2007] EWCA Civ 137

Is Capacity “In Sight”?

Convicted of rape, Mr B was sent to Broadmoor. His psychiatrist diagnosed bipolar affective disorder and wanted, if necessary, to compulsorily treat him with anti-psychotic medication. In his professional opinion, Mr B lacked insight into his condition and lacked the capacity to refuse the treatment. Baroness Hale once remarked that “psychiatry is not an exact science”. If there was ever a case to confirm that view, this is it

First Do No Harm. Second Save Life?

Some 50,352 people killed themselves in England and Wales between 1997 and 2006. Reducing this human toll of inner turmoil has long been a key national priority for health services. But protecting us from ourselves is no easy task when the apparent benefits of escaping life outweigh the agony of having to endure it. Often it is too late for someone’s suicidal ideation to come to the attention of the authorities. Sometimes, however, the risk to life is more readily apparent: on average, 1300 patients already known to mental health services commit suicide every year.The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is slowly realigning the moral and legal obligations of public bodies to protect life, with Article 2 imposing three duties upon the state. Firstly, a negative duty to refrain from taking life, save in prescribed exceptional circumstances. Secondly, a procedural obligation to investigate deaths for which it might bear some responsibility. Finally, there is a positive obligation to take steps to protect our lives which is the exclusive focus of this paper