Related To Story |
Pueblo Judge Changes Process After CALL7 Investigation
Mental Health Patients To Appear Before Judge At Involuntary Medication Hearings
POSTED: 4:41 pm MDT October 21,
2009
UPDATED: 2:34 pm MDT October 30,
2009
PUEBLO, Colo. -- The Pueblo District chief judge will require mental health patients to appear in person to ensure they understand proceedings and are voluntarily waiving their rights to have hearings in cases dealing with their medication.The move comes after a CALL7 investigation found evidence that a lawyer, who represents many Colorado Mental Health Institute at Pueblo patients, may not have met with a client before his death.Judge Dennis Maes said he is concerned that the vulnerable patients are not getting all the rights they are due.
"We're dealing with individuals who are very vulnerable and in many instances, at least the appearance would be that they could not arrive at a decision, a rational decision," Maes said.CALL7 Investigator John Ferrugia exposed the case of Josh Garcia, whose bowel ruptured from constipation, medical records show. An autopsy indicated that the drugs Garcia received at the state mental hospital contributed to the death.Hospital officials wanted to give Garcia the medication involuntarily, and would have had to have a court hearing. But Garcia's attorney, Corinne Martinez-Casias, stipulated that he would take the drugs, records show.Martinez-Casias said in court documents that she conferred with Garcia and medical staff before the stipulation, but court documents filed by the hospital and a psychiatrist dispute her claims.Josh Garcia’s mother, Bonnie, said she did not believe Martinez-Casias met with her son before he received the drugs that likely led to his death."There’s no way he could have consented to the medication order with the state of mind that he was in," she said.After reviewing results of the CALL7 Investigation, Maes said he changed procedures to require patients to appear in court before the patient's attorney can submit a stipulation to take drugs."Previously, you were taking the word of a lawyer?" Ferrugia asked."I was taking the word of the attorneys that were involved in the case," Maes said."And you didn't see the patient?" Ferrugia asked."I did not see the patient," Maes said. "I'm actually seeing that patient and being convinced by that patient that they understand what the purpose of the hearing is and that they know what they’re agreeing to ... I think it provides even further protection to the patient that we are doing something that is really in everyone's best interest."
Previous Story:
- October 26, 2009: Are Mental Health Patients' Rights Properly Protected?
Copyright 2009 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The following are comments from our users. Opinions expressed are neither created nor endorsed by TheDenverChannel.com. By posting your comments you agree to accept our Terms of Use. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Flagging a comment will send it to our editorial staff for review.









