Independent Examination of Patients Hospitalized Against Their Will

The justification for legal commitment of the mentally ill has come under increasing public and professional scrutiny. While there have been few abuses or errors, certain types of problems are more likely to be reflected in unmerited hospitalization. This paper reviews nine hospitalizations in which an independent psychiatric review was requested by a private attorney. In three of the nine cases, mandatory hospitalization was not justified. Problem cases involved individuals with a history of mental illness, domestic or marital disputes, and organic mental illness—particularly those related to aging. Another factor to be kept in mind is that examination at a later date may reflect the marked improvement that has occurred clinically rather than the symptom picture at the time of hospitalization.