Lozada, Elmer Luigi Jr. B.

Medical Bioethics; 2H
OConnor v. Donaldson Case
The only purpose for which power can be rightfully exercised over
any member of a civilized community, against his will, is to prevent harm to
others.
-John Stuart Mill
Before, there was no Mental Health Law that would dictate, explain and
protect mentally challenged persons and the treatment for these conditions
have been cruel and inhumane.
Kenneth Donaldson submitted a case against Dr. OConnor for
involuntary confinement and isolation for almost 15 years. He claimed that
he was never insane and that OConnor and his staff had been intentionally
depriving him of his constitutionally guaranteed right to liberty (Rushfort,
2014). They confined him because he was diagnosed with paranoid
schizophrenia and was transferred to a mental facility at Florida State
Hospital.
At the trial, it has been said that the institution has the power to
release a patient even if he is mentally ill as long as it doesnt harm others or
the community. Despite many requests, OConnor refused these and justified
that Donaldson wont be able to adjust outside the institution but
unfortunately, cannot recall the basis for such conclusion. The jury found for
the respondent and had been given compensatory damages since they ruled
that he was of no harm to others.
Illegal and involuntary confinement are immoral and illicit except when
the health, well-being of a society is at risk. The use of coercion in treating
patients with psychiatric illness must be done with care and precautions.
Proper identification and acknowledgement that the patient may indeed
cause harm to people is necessary. Also since we are dealing with psychiatric
patients, mental competency, coherence and intelligence of the patient must
be greatly considered since we are dealing with an involuntary confinement.
Proper identification of these criteria will make the process easier, better and
morally upright. After all, we must know as physicians, that we must do no
harm not just to the society but also to every individual person, may he be a
normal or a mentally-ill person.