Matter of Lambert

437 N.W.2d 106, 1989 Minn. App. LEXIS 324, 1989 WL 23404
CourtCourt of Appeals of Minnesota
DecidedMarch 21, 1989
DocketC3-88-2455
StatusPublished
Cited by1 cases

This text of 437 N.W.2d 106 (Matter of Lambert) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Lambert, 437 N.W.2d 106, 1989 Minn. App. LEXIS 324, 1989 WL 23404 (Mich. Ct. App. 1989).

Opinion

OPINION

LANSING, Judge.

Appellant Robin Lambert, a patient at the Minnesota Security Hospital, challenges a district court order authorizing the hospital to treat him with neuroleptic medications. Lambert claims the court erred by finding him incompetent and by *107 failing to impose necessary limits on types and levels of authorized neuroleptic drugs. Lambert also claims the court erred by authorizing the hospital to administer neu-roleptic medication for a one-year period. We affirm.

FACTS

In 1983, Lambert was committed to the Minnesota Security Hospital (MSH) at St. Peter, Minnesota, as mentally ill and dangerous. Lambert’s current diagnosis is schizophrenia, catatonic type. He has been treated with fluphenazine, a neuroleptic medication. At Lambert’s request, his neu-roleptic medications were temporarily discontinued in August 1987 and March 1988. Both times, Lambert suffered relapses within a month, and his treating physician at MSH, Dr. Charles VanValkenburg, resumed administration of the drugs. In April 1988, after the second incident, Dr. VanValkenburg treated him with 40 milligrams per day of fluphenazine (Prolixin), and Lambert responded rapidly. Over several months Dr. VanValkenburg reduced the dose to five milligrams per day.

On April 21,1988, the medical director at MSH petitioned the Hennepin County Court for authorization to involuntarily treat Lambert with neuroleptic medications. The petition alleged that Lambert was not competent to make a decision on his treatment and was currently refusing neuroleptic medications.

A hearing was held on the petition on July 29, 1988. Dr. VanValkenburg testified in support of the petition, requesting authority to administer up to 100 milligrams per day of fluphenazine. Dr. Van-Valkenburg explained that he would probably continue Lambert on five milligrams per day, but requested the authority to give up to 100 milligrams per day, should Lambert become catatonic. Dr. VanValk-enburg indicated, however, that to his knowledge Lambert had never received more than 40 milligrams per day of fluphe-nazine or an equivalent amount of an alternative neuroleptic medication. Dr. Van-Valkenburg also testified that he might eventually want to put Lambert on a different, longer-acting neuroleptic drug.

Dr. VanValkenburg testified that he had discussed with Lambert the risks and benefits of treatment with neuroleptic medication. According to Dr. VanValkenburg, Lambert is aware of the side effects of the medications, but does not believe the drugs have improved his condition, since he does not believe he is mentally ill. Dr. VanValk-enburg stated that Lambert does not have the capacity to rationally weigh the risks and benefits and determine for himself whether treatment with neuroleptic medication is necessary or reasonable.

Following the hearing, the court issued an order finding that Lambert is not competent to give or withhold his consent for treatment with neuroleptic medications. The court’s order authorized the Minnesota Security Hospital to administer neuroleptic medications to Lambert for one year, contingent upon approval by a treatment review panel before January 29, 1989. The court in its findings discussed the drug fluphenazine in some detail, and addressed Dr. VanValkenburg’s testimony on Lambert’s current treatment regime and the hospital’s request for authority to administer up to 100 milligrams of fluphenazine per day or an alternative neuroleptic medication in an equivalent dose.

ISSUES

1. Did the trial court err by determining that Lambert is not competent to give or withhold his consent to treatment with neu-roleptic medications?

2. Did the trial court err by authorizing involuntary treatment with neuroleptic medications without ordering that this authorization be limited to specifically named drugs or dosages?

3. Did the trial court err by authorizing treatment with neuroleptics for a one-year period?

ANALYSIS

i.

In Jarvis v. Levine, 418 N.W.2d 139 (Minn.1988), the Minnesota Supreme Court *108 determined that certain procedures must be followed before neuroleptic medications may be administered to nonconsenting patients. A prerequisite to these procedures is a determination that

the patient is incompetent to give consent or refuses consent or his guardian other than persons responsible for his commitment also refuses his consent * * *

Id. at 144 (citing Price v. Sheppard, 307 Minn. 250, 262, 239 N.W.2d 905, 913 (1976)). The Jarvis court stated that “a finding of legal incompetence is a prerequisite to involuntary medication with neuroleptics.” Jarvis, 418 N.W.2d at 148 n. 7.

Although not defining “incompetence” for purposes of these proceedings, the Jarvis court referred to Beck, Right to Refuse Antipsychotic Medication: Psychiatric Assessment and Legal Decision-Making, 11 Mental and Physical Disability Law Rptr. 368 (1987). According to Beck, a clinical definition of “competency” includes: (1) an awareness of having a mental disorder; (2) sufficient knowledge about medication and the mental disorder; and (3) a refusal which is not based upon delusional beliefs. Beck states that a necessary condition for a competent refusal of neuroleptic medications is the ability to repeat the psychiatrist’s view of the facts; in other words, awareness of, not agreement with, the proposed treatment, the expected benefits and possible risks of the treatment. Id. at 369-70.

The trial court found that Lambert does not acknowledge his mental illness; denies his prior symptoms and does not believe they have been relieved by neuroleptic medication in the past; and does not have the ability to understand and use information about his mental illness, its symptoms, and treatment. These findings are supported by Dr. VanValkenburg’s testimony, and are sufficient to sustain the court’s determination that Lambert is not competent to give or withhold consent for treatment with neuroleptic medication.

Although we affirm the trial court’s determination on the issue of competency, we caution, as the Beck article instructs, that competency is not always manifested by a patient’s agreement with a proposed treatment method. Hospitals and courts must be careful not to confuse disagreement with incompetence.

II.

The trial court found that Lambert has a need for neuroleptic medications, and authorized their administration without specifically ordering limitations upon specific types or dosages. Lambert argues the court erred by authorizing unlimited dosages of unnamed medications, claiming there is no present medical necessity for a large amount of the medication.

In re Kinzer, 375 N.W.2d 526 (Minn.Ct.App.1985), cited by Lambert, is distinguishable on its facts. We held in Kinzer

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Bluebook (online)
437 N.W.2d 106, 1989 Minn. App. LEXIS 324, 1989 WL 23404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-lambert-minnctapp-1989.