Ethical Considerations in the Medico-Legal Expert Approach of a Severe Untreated Psychiatric Disease

Abstract

The goal of this article is to evaluate from an ethical perspective, involuntary admission versus surveillance within community psychiatric programs of the mentally ill persons who represent a danger for the others. We will be using a Kantian ethics which we will interpose with a utilitarian one. The Kantian ethical perspective promotes the respect for the personal freedom of the mentally impaired persons and questions the legitimacy of its restriction until a criminal act is committed. The utilitarian perspective will take into account public welfare and the precautions to eliminate the risk to the community due to the inability of the mentally ill to discern the consequence of their acts. Using a methodology based on the multidisciplinary case study the authors will be underlining the importance of the psychiatric community programs and the ethics of intervention in regard to the management of potentially hazardous cases. The conclusions will show how important the establishment of community psychiatric programs is to the surveillance of patients with severe chronic mental illnesses.