By Louise Milligan
A Melbourne mental health patient is suing a hospital and two doctors for assault, restraint of freedom of movement and trespass on his person after he claims they administered electroconvulsive treatment (ECT), once known as “shock therapy”, against his will.
The matter of patient Garth Daniels and Eastern Health will be heard at County Court when Mr Daniels attempts to stop Box Hill Hospital doctors from treating him with the therapy.
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Mr Daniels is an involuntary patient at the locked psychiatric facility, Upton House, in Box Hill and has instructed solicitors to sue the hospital for unlawful trespass on his person after they administered 31 ECT treatments since August, without his consent.
Lawyers acting for Eastern Health told Judge Frank Saccardo, at a directions hearing into the matter on Thursday, that the case relied on Mr Daniels’ capacity and reliability as a witness, which they argue is diminished by his mental illness.
Professor Paul Katz, who oversees Mr Daniels’ care as executive clinical director of Mental Health at Eastern Health, told 7.30 that ECT was the only option available to treat Mr Daniels’ illness apart from the anti-psychotic drug, Clozapine, which Mr Daniels and his family have refused.
“Garth has a very, very severe, chronic, mental illness (that’s) pharmacologically treatment-resistant,” Professor Katz said.
“More recently, we introduced ECT into his treatment regime and the treating team have not seen Garth this well in our long association with him and his family.
“I need to stress that it’s exceptionally clinically effective, under certain conditions.
“We adopt a judicious and discerning approach to the use of ECT but the clinical effects are just absolutely remarkable.”
Mr Daniels’ father, Bernard, has pleaded with the hospital to stop subjecting his son to ECT.
“My view is that it’s like taking a 10-tonne hammer, hitting it on someone’s head and you have a headache so you don’t feel anything else,” he told 7.30.
“I think it’s draconian, I think it should be outlawed.”
Mr Daniels is also upset at the length of time his son has been placed in mechanical restraint during his stays in care.
At one stage this year, in another Eastern Health hospital, Mr Daniels spent more than 60 days straight in restraints.
Professor Katz said restraint was used at a bare minimum where possible and is not as draconian as it appears to the outside world.
“It’s a velcro, it’s not the picture painted sometimes of some draconian chain, you know, the person’s chained, it’s not quite correct,” Professor Katz said.
Bernard Daniels has employed the services of private practice psychiatrist Niall ‘Jock’ McLaren for an independent evaluation of his son’s mental capacity.
Dr McLaren believes Mr Daniels has the requisite mental capacity to reject ECT treatment.
“I would never restrain any human being for 69 days straight – end of discussion,” Dr McLaren told 7.30.
“If you treat people like animals, they will respond like animals.”
Professor Katz said when Mr Daniels was psychotic he became extremely aggressive, and the restraints were necessary for his own safety and the safety of other patients and staff.
Mr Daniels admits his memory has faltered in recent times, particularly after receiving each course of ECT, but he told 7.30 he is capable of deciding on the type of treatment he receives.
Mr Daniels has recently attempted suicide.
His father fears if the treatment does not stop, his son will deteriorate beyond repair.
“His mother has said, you know, that ‘This boy of ours is beginning to give up hope and we’ve got to do something about it’,” Bernard Daniels said.
“I certainly think it will end somewhat tragically because if Garth loses his memory and is unable to do his (photography) course, which is the last straw he is actually hanging on to, his response will be, ‘I have no purpose in life’.
This post originally appeared on ABC News.
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Top Comments
I have found the save Garth blog that has been online since 2008.
I am not sure what to think after reading it- He has been locked up a long time on and off. In my experience they love turfing people out of mental health facilities before there are ready which indicates to me he might have some serious issues.
His parents are very much against antipsychotics due to side effects he has experienced. These side effects are very common which initiating and establishing therapy. My brother also has the same intial side effects. They are confronting and scary but the long term benefits once treatment is stabilised and establishing is life changing. LIKE Garth the older drugs had more side effects and were less effective. cLozapine which there are so fearful of using is life changing. i just which they would try it and judge afterwards.
They also seem to be equating violent outbursts as drug side effects which seems a little bit like denial to me.
other the other side I have also witnessed appalling care, lack of listening to the patients and family to the detriment of the patient and over prescribing with little benefit. There is also condescending behaviour and poor communication that leads to such rifts in trust and care.
If Garth parents what him treated in another state or different private facility why not let them? They seem like loving parents wanting a good outcome. While I think some denial is at play here and fearfulness of good drugs like clozapine I think let's look at the long term outcomes - clozapine might make you fat and diabetic but it is better then being locked in a hospital. hIs parents fearfulness of treatment would only be making it more difficult for their son. Maybe if the staff let them do things there way for a bit it might allow them to come around to realistic treatment with clozapine.
I don't know enough about the background or treatments used so I'm not in a position to agree or disagree here, just wanted t say thanks for the comment and providing another perspective Amandarose.
If nothing else, I do try to see all sides so your contribution is appreciated in this multi-faceted topic and something worth thinking over.
I would be very surprised if a private mental health facility would be willing to accept a patient with such complex issues and is under a detention order (which he would have to be in order to be an involuntary patient). As for the clozapine, surely the psychiatrists would have tried proven medications, but perhaps he doesn't take them, who knows? Something has happened with his mental health that required him to be incarcerated in the first place, but his parents don't like ECT nor anti psychotics, so what treatment options would they suggest?
They don't think he has schizophrenia at all and his violent behaviour is drug induced delerium.
They also think Big Pharma have a conspiracy to poison people to make money so won't even try clozapine- all on the blog.
I don't know what to think- I know the drugs they are giving him do cause restlessness and then chaining someone to a bed be would be like torchure - I think I might become violent if i was chained up myself.
i would guess the truth is somewhere in the middle- I am willing to believe he has received some poor care that has exacerbated his violence at times but I also don't b live in big Pharma conspiracies and my brother has been on it all in all sorts of combinations- Poly pharmacy can be an issue which I would be he has experienced at times which would make you drugged up and feel awful.
But I also think if they let them try the clozapine it would be life changing for him- weight gain and diabetes are nothing compared to being locked up and mentally unwell.
i also don't think ECT is terrible- I have seen wonderful results with it especially for depression.
i can't help but feel somewhere communication has gone awry and the family ar frightened and loving for their son and want what is best - I just don't think their fears have lead them in the right direction. If they trusted their health professionals and the psyches listened to their concerns and maybe tried a few of the families suggestions a rapport might be possible and they might be able to move forward. i think another state like they want may be a good place to start. Fresh slate.
I with this family understood how life changing clozapine can be. It is an effective drug and the side effects are really not any worse then other anti-psychotics. The blood issues are monitored for. My brother went to violent uncontrollable institutionalised to having a reasonable quality of life in supported care without the psychosis or violent outbursts. It is not perfect but it ended nightmare Yeats for out family.
His fa ily are obviously are very loving but are inadvertently preventing him for having effective treatment which will get him home and on a trajectory to stability.