A mistake in forensic psychiatric evaluation or abuse of psychiatry for non-medical purposes - a case report

• Published in: Polski merkuriusz lekarski Vol. 39; no. 233; p. 325
• Main Authors: Florkowski, Antoni, Zboralski, Krzysztof, Macander, Marian, Flinik-Jankowska, Magdalena, Wierzbiński, Piotr
• Format: Journal Article
• Language: Polish
• Published: Poland 01.11.2015
• Subjects: Adult; Civil Rights - legislation & jurisprudence; Commitment of Mentally Ill - legislation & jurisprudence; Diagnostic Errors - legislation & jurisprudence; Expert Testimony; Female; Forensic Psychiatry - legislation & jurisprudence; Humans; Personality Disorders - diagnosis; Poland; Unnecessary Procedures; Poland; forensic psychiatry; abuse of psychiatry; unjustified detention
• ISSN: 1426-9686

In this study we attempted to visualize certain irregularities that took place in the evaluation of a patient with personality disorders performed by psychiatrist expert witness, which resulted in an incorrect diagnosis, leading to wrong ruling of the court and a referral of the patient to clinical therapy lasting six years. The psychiatric and psychological expert opinions submitted to the court and first-hand psychiatric and psychological examination of the patient were analyzed. Efforts were made to show that the failure to comply with the diagnostic criteria in the process of diagnosis and not taking into account the previously issued five forensic psychiatric opinions issued by independent and experienced teams of psychiatrist expert witnesses, as well as not taking into account the nature of the offense committed have led to a number of irregularities in the assessment of the mental state of the patient. Above mentioned shortcomings have caused unjustified legal classification of the offense and six years long detention of the patient in closed psychiatric institutions, in our regard unnecessary. The described case could be regarded as an abuse of psychiatry for the non-medical purposes and thus should have be punish. Based on the presented case it has been demonstrated that insufficient experience in forensic psychiatry and failure to comply with diagnostic criteria of psychiatrists and psychologists expert witnesses had led to a series of blatant offense of civil rights and liberties, and thus unnecessary detention of the patient for six years.