Legal Opinion

San Diego County Department of Mental Health v. Fadley

California Court of Appeal

Decided August 22, 1984No. Civ. 31005PublishedCited by 8 opinions

1Opinion of the Court

Opinion

STANIFORTH, J.

The question posed by this appeal is whether a trial court may review a mentally ill patient’s treating physician’s decision electroconvulsive therapy is warranted, in the course of determining the patient’s capacity to give informed consent to that therapy. (Welf. & Inst. Code, §§ 5326.5, 5326.7, subd. (f). 1 ) The statutory scheme and relevant case law make such review inappropriate. That the trial court here engaged in such a review does not require reversal, however, because no prejudice resulted.

Facts

Dr. Edward Cherlin, in the course of his treatment of appellant…

2Cases cited7 opinions

  1. In Re William M.California Supreme Court · 1970
  2. Brokopp v. Ford Motor Co.California Court of Appeal · 1977
  3. Conservatorship of EarlyCalifornia Supreme Court · 1983
  4. Conservatorship of BuchananCalifornia Court of Appeal · 1978
  5. Aden v. YoungerCalifornia Court of Appeal · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Riese v. St. Mary's Hospital & Medical CenterCalifornia Court of Appeal · 1987
  2. San Diego Health & Human Services Bureau v. Pamela J.California Court of Appeal · 2005
  3. San Diego Department of Social Services v. WaltzCalifornia Court of Appeal · 1986
  4. City of El Monte v. Commission on State MandatesCalifornia Court of Appeal · 2000
  5. In re TalbottCalifornia Court of Appeal · 1988

3 more not listed; retrieve them via the Exa API.

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