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Are Mental Health Patients' Rights Properly Protected?
CALL7 Investigation Questions How State Paid Lawyer Represents Patients
POSTED: 4:26 pm MDT October 21,
2009
UPDATED: 2:36 pm MDT October 30,
2009
DENVER -- Many Colorado mental health patients are being represented by an attorney who has more than 200 patients annually, and who may not have conferred with a client who later died after receiving questionable care at the state mental hospital, a CALL7 Investigation found.Pueblo attorney Corinne Martinez-Casias was paid more than $100,000 in a one year period to represent patients who are too mentally ill to speak for themselves when the state wants to give them medication.Martinez-Casias was the attorney for Josh Garcia, 21, who died in 2007 of side effects of several psychotropic drugs he was involuntarily given at Colorado Mental Health Institute at Pueblo, according to an autopsy and court records.
But CALL7 Investigator John Ferrugia uncovered documents that indicate Martinez-Casias may not have met with Garcia before she told a judge that Josh consented to the medication."I never even realized he had a lawyer representing him until I started going through all this paperwork and seeing the consent for his medication," said Josh’s mother, Bonnie Garcia, who settled a lawsuit with Martinez-Casias and is suing the state hospital and its psychiatrist. "There wasn't any evidence given to us saying that she actually met with Josh."Martinez-Casias claimed in court documents that she met with Josh on Aug. 10, 2007 at the mental hospital and she talked with his medical team about his condition.Afterwards, she submitted a legal document called a stipulation, claiming a judge didn't need to hold a hearing for Josh Garcia because he agreed to taking the medicine, records show.But a hospital legal filing says only clerical staff involved in processing court papers had contact with Martinez-Casias.Martinez-Casias also claimed she met with Josh Garcia's psychiatrist, Dr. James Sewell, about Josh's treatment, but Sewell said in court records that the meeting never happened.Sewell "did not recall any direct communication with Ms. Martinez-Casias regarding the involuntary medication order for Mr. Garcia," the court records say.Our investigation also found no visitor logs or witnesses who can confirm Martinez-Casias met with Josh Garcia before she indicated that he voluntarily consented to take the medicine.According to Josh Garcia's autopsy, the psychotropic medicine led to constipation -- a known side effect of some of the drugs -- that got so bad that his intestines ruptured during emergency surgery and he died.Bonnie Garcia is suing the hospital and Dr. Sewell, and she settled out of court with Martinez-Casias for an undisclosed sum.Martinez-Casias represented more than 200 patients last year and records show most patients never received a hearing on whether they would take involuntary medication.Many of the hearings were in front of Pueblo District Court Chief Judge Dennis Maes, who told 7NEWS that he did not know if lawyers consult with their patients before agreeing to forced medication."I assume that when I get these stipulations that it's done in concert with the lawyer and the patient," Maes said. "I have absolutely no idea what kind of discussions or conversations were carried on with any of the folks involved." "So there is no oversight of that lawyer and their actions? It's a closed loop?" Ferrugia asked."I guess that’s accurate," Maes said. "There’s no oversight."Martinez-Casias, who made more than $109,000 last year representing patients, declined repeated requests for an interview.
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