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Thought Leadership

AHLA's Speaking of Health Law: Medical Incapacity Without Mental Illness: A Legal and Ethical Dilemma for Physicians


Medical holds are commonly associated solely with patients suffering from mental illness, but what occurs when a patient requires retention for treatment or observation due to a non-psychiatric issue?

Husch Blackwell's Elicia Green and Wendi Campbell Rogaliner, Partner at Bradley Arant Boult Cummings LLP, explore the legal and ethical considerations surrounding the holding of patients not afflicted by mental illness. They cover real-world examples, the current legal landscape, formal assessments of capacity and surrogacy appointments, and how providers can evaluate risk and operate in this complex legal environment. Elicia and Wendi authored an article for AHLA's Journal of Health and Life Sciences Law about this issue.