Medicine court: Rogers in practice

Abstract

The authors conducted a prospective study of the impact of the Rogers decision involving patients' right to refuse treatment during the first year (1983-1984) of its implementation in the Massachusetts facility for the criminally insane. They learned that of the 98 cases submitted to the probate court, only 39 were heard. The court found that 35 (90%) of the 39 patients whose cases were heard lacked competence to make treatment decisions. Hearings occurred 2-7 months after petitions were signed by treating physicians. In arriving at the decisions the court appeared to rely more on reports of violent incidents than on evidence of mental illness or testimony about competence.