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KMID : 1234820240250010149
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Korean Society of Law and Medicine
2024 Volume.25 No. 1 p.149 ~ p.192
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Non Face-to-Face Treatment and Not-informed Medication to Persons with Mental Disorders
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Jung Sang-Min
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Abstract
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People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil.
Even considering realistic aspects such as the special nature of mental health care and families’ suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused.
Japan’s Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.
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KEYWORD
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Mental patient, Non face-to-face treatment, Not-informed medication, Legal guardian, Discourse theory
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