Abstract
In a recent decision involving a capital murder case, Oregon State Hospital v. Butts, the Oregon Supreme Court conducted a mandamus hearing to ascertain whether Oregon State Hospital (OSH) had a legal duty to comply with a Sell order from a county trial court to provide antipsychotic medications to an incompetent defendant, despite its belief, as an institution, that medication was not clinically indicated. The case is reviewed and important implications, including the court's being granted the ability to circumvent the medical decision-making process, are discussed.
Footnotes
The opinions expressed in this article are those of the authors, and do not represent the opinions of the Oregon State Hospital or the Oregon Health and Science University.
Disclosures of financial or other potential conflicts of interest: Neither author was involved in the treatment, evaluations or testimony described at Oregon State Hospital.
- © 2016 American Academy of Psychiatry and the Law