August 31, 2010

Mental Hygiene Law.

Practice point: Involuntary admission for psychiatric treatment requires clear and convincing evidence that the patient poses a substantial threat of physical harm to himself or others.

Students should note that the hospital's director must forthwith notify Mental Hygiene Legal Services, and the patient is entitled to a hearing within five days of requesting it.

Case: Rueda v. Charmaine D., NY Slip Op 06393 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.