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Correspondence: Department of Psychiatry, University of Toronto, 250 College Street, 8th Floor, Toronto, ON M5T 1R8;
anj.ho@alumni.toronto.ca.
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www.TheCJP.ca The Canadian Journal of Psychiatry, Vol 59, No 3, March 2014 W 141
Perspective
inpatients, although there is increasing risk of lawsuits by legal liability if they do not hospitalize people who are
against clinicians treating outpatients.5,18,19 suicidal,39 leading to criticisms that psychiatric practice
Many malpractice claims focus on issues relating to is becoming influenced by political, legal, and regulatory
negligence, such as foreseeability and causality,20 based on factors, rather than scientific evidence.40
a premise that most suicides are preventable if foreseeable
and if appropriate steps are taken to prevent suicide. Differentiating Mental Illness
Current standards of care for managing inpatients exhibiting From Incapacity and Irrationality
suicidal behaviour have developed in response to input from Clinically, suicidal behaviour has mostly been viewed as a
professional organizations, clinical practice experience, manifestation of distress or disorder in ones mental state.34,35
case law, legal commentary on case law, and suicidologists Most guidelines for managing people with suicidal ideation
commentary on cases settled outside of court.21 Guidelines and suicidal behaviour are written based on the perspective
from the Canadian Psychiatric Association recommend that suicidality is driven by a mental disorder, with a lack
aggressive treatment of people with depression who of capacity for informed and rational decision-making
are suicidal.22 However, it should be noted that practice processes regarding suicide. It is argued that the transforming
guidelines do not conclusively or exclusively represent the effects of an illness, such as depression, for examplewith
standard of care,18 defined as the degree of care which a constricted cognitive and psychological perspectives
reasonably prudent person should exercise under same or compromise patient autonomy rights, therefore justifying
similar circumstances23, p 1404and which is not equivalent a mental health clinician or hospital to assume ownership
to ideal or optimal care either. The duty of care required of the patients body to prevent suicide15; however, even
is proportionate to a patients needs, based on history and in cases where one has received psychiatric treatment for
mental status.21 mental illness and is no longer suffering from disordered
For inpatients who have been identified as being suicidal, affect or thinking process and is therefore capable of making
the hospital is responsible for safe-guarding the person informed decisions, a persons symptomatic recovery may
from self-inflicted injury or death.24 Following a patients still be accompanied by a view of the future being hopeless
suicide, psychiatrists and health care facilities may be and therefore unworthy of continuing.36 Thus the focus
targets of lawsuits, with allegations of failure to take an shifts to whether suicide driven by psychological painbut
adequate history, failure to foresee the potential for suicidal not a diagnosable mental disorderis a voluntary decision
behaviour, failure to supervise a suicidal patient adequately, made with full appreciation of the possible benefits, risks,
or failure of the duty to protect from self-harm.19,2429 A and consequences.
hospital may be found liable when adequate standards for
Mental illness is often equated to irrationality, most often
protection are not followed; however, if reasonable steps
in cases of schizophrenia, but it has been argued that more
were taken to assess and supervise a suicidal patient, a
attention should be paid to isolated irrationality rather than
hospital will typically not be found liable.29 For outpatients
assuming global irrationality.37 Specifically, a diagnosis
who have been identified as suicidal, treating psychiatrists
of schizophrenia does not necessarily constitute global
have a duty to take protective measures,30 but may be
irrationality because one may still have a connection with
subject to allegations of failure to properly assess the need
reality, despite disorganized speech and behaviour. Likewise,
for psychopharmacological intervention, use of unsuitable
pharmacotherapy, failure to safeguard the outpatient a person with delusions may misinterpret or misattribute
environment, or failure to specify criteria for and to the importance of stimuli or events, yet maintain a rational
implement hospitalization.19 response that demonstrates coherence between beliefs
and actions.41 For example, in response to persecutory
The Canadian medical liability model strives to balance
delusions, desire to die by suicide could be argued to be a
patient safety and prevention, care provider or institutional
logical means of self-protection to escape persecution. Thus
accountability, and liability and compensation.31 Physicians
reasoning processes can remain intact despite anomalous
are not expected to be infallible in predicting suicide, but to
perceptual disturbances or specific delusions isolated to
demonstrate a reasonable degree of skill, knowledge, and
one theme42: the decision to die by suicide may indeed be
care that would reasonably be expected of a practitioner
internally consistent with the original persecutory delusion,
of the same experience.32 Although suicide is a multi-
making the decision to die by suicide acceptable owing to
faceted, multi-causal product that cannot be predicted
coherence rationality. However, most would agree that the
reliably,19,28,33,3437 the law focuses on proximate cause.38
Mental health professionals are held responsible for irrationality of the delusional foundational belief supersedes
identifying potential risks for suicide and preventing the rationality of the subsequent beliefs and actions.
suicide, with the rationale that failing to assess for While legal statutes facilitate involuntary hospitalization
suicidality leads to a failure to implement management for those who are at serious risk of harm to self due to
plans that could have reduced the risk.20 However, it is a mental illness, little is said about managing cases of
recognized that hospitalization itself does not necessarily suicidality in people without mental illness and with intact
prevent suicide.5 Clinicians face clinical pressures to avoid mental capacity, and who should therefore be able to make
hospitalizing patients unnecessarily, yet can be threatened rational decisions.
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Perspective
For example, a patient who attempts suicide but creates a Discussing Suicidality
living will to reject life-saving treatment leaves clinicians Discussing suicide and end-of-life care (including assisted
having to reject their human instincts to assist others and the death) with patients is not necessarily illegal or unethical
principle of beneficence, begging the question of to what in Canada, but major national mental health organizations
extent should a suicidal patients rights be protected? With do not have a consistent position on how to approach
libertarian views, patient autonomy has begun to trump these discussions to assess a patients personal beliefs
clinical duties to protect life.6 and decision-making capacity. It has been argued that a
Further, by setting a standard of suicide being an event responsible mental health professional should be willing
that should never occur, it raises the question of who is to engage in an open discussion with a client about their
responsible for a persons life, with a risk of erroneously desire to die even though the clinician may not condone
attributing blame for suicides. This perspective presents it or be legally allowed to assist.65 Further, it is suggested
death as the greatest of harms, possibly ignoring the that not discussing these options may be disrespectful of a
legitimacy of unendurable psychological suffering as patients needs and shirking professional responsibilities.55
being equally harmful. Thus, for a suicide to qualify as From a holistic existential therapy perspective, exploration
rational, clinicians must recognize that the aim of ending of existential coherencehow one coheres to the external
psychological or physical suffering may be a worthy reason worldis encouraged.68 The innermost layer of existential
for suicide. Likewise, death would no longer be necessarily coherence deals with the core question of whether one
viewed as a harm or failure.62,63 wants to live or die, and it is believed that suicidal crises
arise from people questioning whether they wish to accept
Given the spectrum of risk of harm to self, the threshold
responsibility for their lives. It is hoped that by providing
or the criteria for intervening are unclear. In considering
support to a suicidal patient by exploring fundamental
broader societal examples, people may pose harm to
issues of existential coherence and emotional pain, he or
themselves by participating in dangerous extreme sports,
she will ultimately choose to live, rather than use death to
making poor health choices, or self-harming. Although
avoid confronting these issues.
the risk of death may be higher from dangerous sporting
activities, there is no legal impetus to prevent one from Principles of the recovery framework in mental health are
participating. Clearly, the risk of harm from such different increasingly used to focus on peoples journeys, without
activities is variable, yet there is no clear correlation prescribing rigid instructions on how to support people
between the potential seriousness of harm and the degree with mental illness.69 The focus on increasing control,
meaning, and purpose in ones life is a perspective that
of rights removed.14
may be helpful for difficult discussions regarding life
Over time, hospital policies have shifted to encourage and death.
patients own responsibility for their treatment,
Overall, the therapeutic relationship between a suicidal
therefore no longer requiring strict observation and
patient and clinician has been emphasized as being critical
overly restrictive environments in all cases where
to restoring a patients sense of well-being and self-worth
the patient is suicidal.64 Patients admitted to hospital
to address suicidality.4,70 It is suggested that acting in the
have responsibility for their lives returned if they are
patients best interestsrather than following rigid rules or
able to manage their emotions, impulses, and suicidal
guidelines out of contextwill almost always lead to the
tendencies.51 Involuntary hospitalization as a reflexive
best course of management.71
response to any suicidal intent has been discouraged, in
particular when considering that this action may restrict
the autonomy of a person with a terminal illness who
Conclusions
While upholding patient rights to autonomy in psychiatric
desires a dignified death.54,65
care is laudable, cases of suicidality warrant a delicate
The use of hospitalization and environmental restrictions, consideration of clinical judgment, duty of care, and
constant observation, and removal of access to a means legal obligations. Current mental health treatment
of suicide can be helpful in some circumstances, but guidelines and legal statutes do not adequately consider
there is no guarantee that suicide can be prevented the complexity of suicidality, including the potential
even with such extensive interventions.20,51,66 Routinely for suicidality made under free will, uninfluenced by an
ordering excessive precautions or avoiding treatments identified psychiatric disorder. A further demand on mental
as attempts to limit liabilityrather than using rational health professionals to protect patients from or prevent
decision-making processescan be catastrophic without rational suicide can have various sequelae by impinging
necessarily preventing allegations of negligence.20 Indeed, on patient autonomy, promoting excessive use of health
hospitalization itself can also present risks to the patient, care resources, and increasing risk of legal liability. The
including promoting regression and dependency.64,67 With impact on care provided to patients, patient rights and
increasing duration of hospitalization, some patients responsibilities, as well as care providers attitudes and
report suicidal preoccupation after they perceive no lasting approaches to managing suicidality comes with potential
improvements from therapy.51 risks that cannot be taken lightly.
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Perspective
50. American Psychiatric Association (APA). Practice guidelines for 62. Cameron S, Dunn R. Touched and troubled by Amy [letters and
the treatment of psychiatric disorders: compendium. Treatment of response]. CMAJ. 1997;156(8):1116.
patients with suicidal behaviours. Arlington (VA): APA; 2003. 63. Nordenfelt L. Rationality and compulsion. Oxford (GB):
51. Silverman MM, Berman AL, Bongar B, et al. Inpatient standards of Oxford University Press; 2007.
care and the suicidal patient. Part II: an integration with clinical risk 64. VandeCreek L, Knapp S. Malpractice risks with suicidal patients.
management. Suicide Life Threat Behav. 1994;24(2):152169.
Psychotherapy. 1983;20:274280.
52. Bongar B, Greaney SA. Essential clinical and legal issues
when working with the suicidal patient. Death Stud. 65. Leeman CP. Distinguishing among irrational suicide and other forms
1994;18(5):529548. of hastened death: implications for clinical practice. Psychosomatics.
53. Werth JL Jr. When is a mental health professional competent 2009;50(3):185191.
to assess a persons decision to hasten death? Ethics Behav. 66. Pokorny AD. Prediction of suicide in psychiatric patients: report of
1999;9:141157. a prospective study. In: Man RW, Berman AL, Maltsberger JT, et al,
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Ethics Behav. 1999;9(2):159183. the law. Washington (DC): American Psychiatric Association;
56. White J. Suicide-related research in Canada: a descriptive overview. 1990. p 335339.
Montreal (QC): Public Health Agency of Canada; 2003. 68. Ventegodt S, Merrick J. Suicide from a holistic point of view.
57. Government of Canada. Federal Framework for Suicide Prevention ScientificWorldJourna1. 2005;5:759766.
Act, s.c. 2012, c. 30, (Dec 14, 2012).
69. Canadian Mental Health Association (CMHA). Recovery [Internet].
58. The Joint Commission. Hospital National Patient Safety Goals.
Ottawa (ON): CMHA; 2013 [cited 2013 Aug 16]. Available from:
Oakbrook Terrace (IL): The Joint Commission; 2013.
http://www.ontario.cmha.ca/about_mental_health.asp?cID=7667.
59. National Quality Forum. Serious reportable events in healthcare:
2006 update. Washington (DC): National Quality Forum; 2007. 70. Maris R, Berman A, Maltsberger J. Summary and conclusions: what
60. Werth J Jr, Gordon J. Helping at the end of life: mental health have we learned about suicide assessment and prediction? In:
professionals and hastened death. Innovations clinical practice: Maris RW, Berman AL, Maltsberger JT, et al, editors. Assessment and
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