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Section 1170.95 allows individuals “convicted of felony murder or murder under a natural and probable consequences theory” to petition the sentencing court to vacate the “murder conviction” and be resentenced on remaining counts.
Understanding the differences between these similar but distinct legal principles gives complex-litigation practitioners insight necessary to advance past summary judgment and ultimately prevail at trial. Judicial admissions can have harsh consequences and can be dispositive for your client’s case.
- What is your liability for involuntary commitment based on faulty information?
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- False petitions and liability
- Steps to reduce liability risk when admitting a patient involuntarily
Christopher P. Marett, MD, MPH, and Douglas Mossman, MD Dear Dr. Mossman, Last week, I hospitalized a patient against her will, based in part on what her family members told me she had threatened to do. The patient threatened to sue me and said I should have known that her relatives were lying. What if my patient is right? Could I face liability if...
The authors report no financial relationships with any company whose products are mentioned in this article or with manufacturers of competing products.
Measures of suicidality and hostility tend to subside during involuntary hospital treatment
If you’re in a situation similar to the one Dr. R describes, you can take solace in knowing that courts generally provide immunity to a psychiatrist who makes a reasonable, well-intentioned decision to
Understand your state’s civil commitment criteria and apply them properly Understand your state’s immunity statute and its limitations Carry malpractice insurance Obtain valid collateral information as treatment progresses Do not rely exclusively on collateral information; be sure the clinical picture matches Document how you arrived at commitment ...
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May 25, 2023 · The Fourteenth Amendment’s Due Process Clause is interpreted by courts to provide both procedural and substantive due process protections for persons who are subject to involuntary civil commitment.
Is a Court Order Required to Involuntarily Commit Someone? Yes, admission into a California state hospital to be involuntarily committed requires a court order to show that the patient poses a danger to themselves or others.
Jan 1, 2003 · If the mental health professional who is providing treatment to the person believes that he or she may be in need of involuntary admission to a hospital for evaluation, the patient may be transported by law enforcement officers to a facility for up to 72 hours.
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Jun 25, 2023 · Fact-Checked. The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
