diiscussion 330 4.1
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School
Southern New Hampshire University *
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Course
340
Subject
Medicine
Date
Dec 6, 2023
Type
docx
Pages
3
Uploaded by Barnes70
Classmates,
The family of William Avant, who died of suffocation at the G. Werber Bryan Psychiatric
Hospital in 2019, sued the hospital for wrongful death and civil rights violations. The lawsuit,
filed in May 2020 in a state court in Columbia, alleged that Avant was suffering from a psychotic
episode. The lawsuit states that the department's training manual clearly forbids the restraint
methods that the staffers used on Avant. They held him face-down on the floor and pressed on his
back for several minutes, and the hospital staff ignored his pleas for help. This made it
impossible for him to breathe by restricting his diaphragm. The County Coroner confirmed that
this was the cause of Mr. Avant's death. They accused the hospital staff of using excessive force,
ignoring their training, and mistreating Avant in various ways. The hospital settled the lawsuit for
$1.95 million in May 2020. The lawsuit indicated that the hospital violated several codes of
ethics and standards
(attorneyssc, 2021).
The lawsuit exposed the hospital's specific violations against its patients, such as using prone
restraint, a harmful and potentially fatal practice that involves pinning down a person face-down
on the floor or a bed
(Equip for Equality, 2011). The hospital did not follow the standards of the
American Psychiatric Association, which urge psychiatrists to respect and care for their patients,
and to use evidence-based treatments
(American Psychiatric Association, 2023). The hospital
also ignored the rules of the Joint Commission, which regulate the quality and safety of health
care organizations, and which state that restraint and seclusion should be used only as a last
resort, and that patients should be monitored closely for any signs of physical or psychological
distress
(CPI (reprinted, 2011). Also, the hospital breached the policy of the South Carolina
Department of Mental Health, which prohibits prone restraint and requires staff to be trained on
how to use restraints safely and appropriately (US Department of Education, 2022). Additionally,
the hospital broke the U.S. Constitution's Eighth Amendment, which forbids cruel and unusual
punishments, and the Fourteenth Amendment, which ensures due process and equal protection
under the law for all citizens (National Archives, 2021).
Our agency would be committed to preventing lawsuits like this one from happening. They
would value the safety and well-being of their patients, and they would use restraint and
seclusion only as a last resort, and never in a way that could harm or endanger them. They would
follow the standards and rules of the American Psychiatric Association, the Joint Commission,
and the South Carolina Department of Mental Health, and they would respect the constitutional
rights of their patients. They would also treat their patients with dignity and care, using evidence-
based treatments that suit their needs and preferences. They would train their staff on how to use
restraints safely and appropriately, and they would document and report any incidents of restraint
or seclusion. They would inform their patients of their rights and responsibilities and provide
them with access to legal counsel and advocacy if needed.
Michelle
American Psychiatric Association . (2023).
Psychiatry.org - APA’s Vision, Mission, Values, and
Goals
. Psychiatry.org.
https://www.psychiatry.org/about-apa/vision-mission-values-
goals/vision-mission-values-goals
attorneyssc. (2021, July 12).
Suffocation Death in South Carolina Mental Health Hospital
.
Whetstone Perkins & Fulda.
https://attorneyssc.com/blog/suffocation-death-in-south-
carolina-mental-health-hospital/
CPI (reprinted. (2011).
Joint Commission Restraint Seclusion Alignment 2011
.
https://www.crisisprevention.com/CPI/media/Media/Resources/alignments/Joint-
Commission-Restraint-Seclusion-Alignment-2011.pdf
Equip for Equality. (2011).
NATIONAL REVIEW OF RESTRAINT RELATED DEATHS OF
CHILDREN AND ADULTS WITH DISABILITIES: The Lethal Consequences of Restraint
EQUIP FOR EQUALITY A SPECIAL REPORT from the Abuse Investigation Unit
.
https://www.equipforequality.org/wp-content/uploads/2014/04/National-Review-of-
Restraint-Related-Deaths-of-Adults-and-Children-with-Disabilities-The-Lethal-
Consequences-of-Restraint.pdf
National Archives. (2021, September 7).
14th Amendment to the U.S. Constitution: Civil Rights
(1868)
. National Archives.
https://www.archives.gov/milestone-documents/14th-
amendment#:~:text=No%20State%20shall%20make%20or
National Constitution Center. (2023).
Interpretation: The Eighth Amendment | Constitution
Center
. National Constitution Center – Constitutioncenter.org.
https://constitutioncenter.org/the-constitution/articles/amendment-viii/clauses/103
US Department of Education. (2022, March 29).
Seclusions and Restraint Statutes, Regulations,
Policies and Guidance
. Www2.Ed.gov.
https://www2.ed.gov/policy/seclusion/index.html
I read your post about the Flack v. Wisconsin Department of Health Services case, and I agree
with you that it was an unfair situation for the transgender individuals who were denied medical
treatments. I think you did a good job of explaining the legal basis of their challenge and how it
relates to the code of ethics for human service workers. The Wisconsin regulation that banned
Medicaid from paying for gender-affirming surgeries and hormones was challenged by the Flack
lawsuit in May 2017. The lawsuit named the Wisconsin Department of Health Services (DHS)
and its secretary as defendants. The policy had been in effect since 1997 and had denied many
transgender Medicaid recipients in Wisconsin access to surgical and hormone treatments for
gender dysphoria medically necessary health care for gender dysphoria.
Some of the gender-related medical treatments that the plaintiffs were seeking included hormone
therapy, mastectomy, hysterectomy, and genital reconstruction surgery. These treatments were
necessary for their health and well-being because they suffered from gender dysphoria, a
condition where a person's gender identity does not match their assigned sex at birth. Gender
dysphoria can cause severe psychological distress, depression, anxiety, and suicidal ideation. By
accessing gender-affirming care, the plaintiffs hoped to alleviate their suffering and live
authentically as their true selves.
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