Negligent Counseling?

Posted by Consigliere on Sunday, February 26, 2006 at 01:38 AM. Read 2743 times. Tags: , ,
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Negligent Counseling

In McKinney, Texas a jury recently deadlocked in a case involving a woman who severed her 10 month old daughter’s arms and left her to bleed to death, while she went to go listen to a hymn.  http://www.msnbc.msn.com/id/11568174/

The obvious plea from the woman was insanity.  Here is a short synopsis of her behavior.

Dr. William Reid had testified that people close to Schlosser had missed obvious signs of severe mental illness.

Schlosser’s husband, John Schlosser, said he wasn’t alarmed when his wife said after church the day before the killing that she wanted to “give the baby to God.” He said she appeared normal after he calmed her down, and he thought her mental condition had improved over the previous few months.

The summer before Maggie died, Schlosser abandoned Maggie and her other two children by running away from the family’s apartment. She was found two miles away by Plano police and released from a hospital less than 24 hours later.

The Schlosser family went several times a week to the Water of Life Church. The pastor, Doyle Davidson, testified that he believes mental illness is possession by demons and only God can cure it.

Dena Schlosser, who was diagnosed with postpartum psychosis after Maggie’s birth, didn’t take medication or see a doctor in the four months before the killing.

After her arrest, Dena Schlosser was diagnosed with manic depression and declared mentally incompetent to stand trial.

The part that got my ire up was the pastor testifying that he believed mental illness was caused by possession and that only God could cure it.  It is unclear whether the family was going to church services or whether the family was seeing the pastor for counseling.  If the pastor was seeing the family for counseling, I believe the father of the little girl should seek additional justice by filing a wrongful death claim based on clergy malpractice.

If the pastor held himself out to be a counselor that could address concerns of mental illness, then he should be held to the standard of care that a reasonable counselor would be held to, his religious beliefs notwithstanding.  Under such a standard, I believe it likely that his failure to refer, recommend, consult or otherwise involve qualified medical personnel in the treatment of this woman would violate the standard of a reasonable counselor.  In addition, his failure to refer the mother, could serve as a breach of ficuciary duty not to the mother or the father, whose beliefs may or may not have been in conformity with the pastor, but to the little girl that lost her life as a result of the negligence, again assuming the family was involved in counseling. 

There are many grounds for the pastor to defend on, and a First Amendment defense stands a reasonable chance of being successful in preventing the suit from even going to trial.  Nonetheless, socking it to the congregations by forcing them to fork over the costs of defending expensive lawsuits does teach a lesson.  Don’t get quacks that think that all illness is caused by the devil or you won’t get to build a community center.

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elwedriddsche United States Posted on 03/04/2006 at 08:02 PM

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I think I remember seeing that sig.

If you didn’t see it here, you should be ashamed of yourself wink

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Science is answers that must always be questioned.
Philosophy is questions that may never be answered.
Religion is answers that must never be questioned.
Politics is answers that lobbyists pay for.

OB United States Posted on 03/04/2006 at 08:52 PM

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Yeah, well all you fancy-schmancy college-edumacated fuckers are totally losing me with all your high-falutin’ “-ologies,” “-osphies,” “-isms” and nitpicking about “formal logic.”

As one of those people who was too poor to go to college, I was too busy working to spend my late teens and early 20s dissecting the works of the philosophers throughout history.  Rather a disadvantage in trying to have a coherent conversation with someone like Theo (who is apparently at liberty to spend a fair amount of time inside his head, in deep thought about what “should” be).

On the other hand, being probably twice his age and having spent all of that time engaged in the process of living in the “material” world, with all its experiences, observations and interactions with real people, perhaps the problem is that Theo is as unfamiliar with the sort of realistic mindset that results from simply living through several decades as I am with the sort of mental gymnastics it appears to require to study philosophy.

And if all that studying results in a person arguing that reality isn’t really real, I think I’m better off with my high school diploma and the street smarts enough to know that there are people who are too mentally ill to make rational decisions, and that they need to be treated by people who will be held accountable if their counsel causes a sick person to get worse.

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elwedriddsche United States Posted on 03/04/2006 at 09:35 PM

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Yeah, well all you fancy-schmancy college-edumacated fuckers are totally losing me with all your high-falutin’ “-ologies,? “-osphies,? “-isms? and nitpicking about “formal logic.?

No offense intended. Try this:

There’s nothing intrinsically wrong with asking ‘why?’. I’d even go so far and say that the lack of this curiosity and sense of wonder is indicative of not being quite right in the head. However, philosophy is the business of asking questions, not that of giving answers. Mental masturbation comes into play when philosophers ask questions merely for the sake of asking more questions and making mountains out of mole hills.

Before the philosophers get too upset with me, it’s not that philosophy is entirely without merit. There are interesting and amusing thought experiments to be had and it is fun to try to see how far you can run with certain philosophical points of view. Scepticism, say. Take it too far and you argue yourself into an existential crisis.

One should tread extremely carefully when taking the step from philosophy understood as thought-provoking, yet light reading to philosophy, the guide to life.

OB, graduating from the school of hard knocks doesn’t disqualify anybody from thinking deep thoughts. It’s a problem of accessibility rather than capability. On the other hand, those living a sheltered life in a cloud castle are at a severe disadvantage when the world refuses to behave like their model of it leads them to believe.

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Science is answers that must always be questioned.
Philosophy is questions that may never be answered.
Religion is answers that must never be questioned.
Politics is answers that lobbyists pay for.

Consigliere United States Posted on 03/04/2006 at 10:04 PM

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OB:

I’m sure that you recognize that Theo’s use of his experience with depression just doesn’t match up when making comparisons to a situation in which an individual is experiencing auditory hallucinations-hearing voices. It’s comparing apples and oranges, and you rightly cut through his bullshit when you say this:

And if all that studying results in a person arguing that reality isn’t really real, I think I’m better off with my high school diploma and the street smarts enough to know that there are people who are too mentally ill to make rational decisions, and that they need to be treated by people who will be held accountable if their counsel causes a sick person to get worse.

Amen, I say to thee.

That was probably the best call of bullshit in this entire thread.

Theo:

Don’t mistake distain for confusion.  My opinion of you has changed markedly as a result of this thread.

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To die one’s self is a thing that must be easy, & light of consequence; but to lose a part of one’s self--well, we know how deep that pang goes, we who have suffered that disaster, received that wound which cannot heal.
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Les United States Posted on 03/05/2006 at 07:33 AM

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I’ve had experience with mental illness.  I have been clinically depressed, I have had many friends who were/are clinically depressed and I have a few friends who are bipolar.  Nonetheless, I and a few of my friends have beaten their disorders by their own will and maybe a little prayer.  I didn’t need to have regular checkups with a shrink or medicine to beat my depression and I’ve had friends who have beaten their depression similarly.

As someone who has had a lot of first hand experience with people who are severely chronically depressed (my wife) and bipolar (a former girlfriend) all I have to say is: If you were able to overcome it on your own then it probably wasn’t that serious of a problem to begin with. Bipolar disorder in particular is not something you can just decide not to suffer from anymore.

We all suffer bouts of depression on occasion and sometimes they can be lengthy enough to disrupt our lives, but to claim that all folks who suffer from depression or mental illness just need to decide to buck up and get their shit together shows a remarkable misunderstanding of the problem and how severe it is for some people. My experiences in dealing with it on a daily basis bear this fact out.

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GeekMom United States Posted on 03/05/2006 at 10:11 AM

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Theo sounds exactly like one of those college or just-post-college students who has attended an est/Lifespring/Forum kind of course.  You know, the kind where they come back as a complete asshole and say, “I didn’t MAKE you angry.  You CHOSE to react to my kicking you in the shin by becoming angry.”

Of course, the emotional parts of the brain are still developing at that age, and they love to try on new lifestyles and philosophies, and REALLY get into them, to the point where they confuse them with reality.

It’s hilarious how he’s decided that he knows much more than all the millions and millions of doctors, psychiatrists, psychologists, and people who have studied or lived with mental illness, in all its guises, for centuries. 

In fact ... say ... could he be L. Ron Hubbard reincarnated?  Yikes!

Is SCIENTOLOGY the “theocracy” he wants to see here in the US??

Stay tuned, folks.  I think he’s about to get much weirder.

OB United States Posted on 03/05/2006 at 11:30 AM

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Elwed:

No offense intended.

None taken. I was just being snarky and a little dramatic. wink

OB, graduating from the school of hard knocks doesn’t disqualify anybody from thinking deep thoughts. It’s a problem of accessibility rather than capability. On the other hand, those living a sheltered life in a cloud castle are at a severe disadvantage when the world refuses to behave like their model of it leads them to believe.

Exactly… and a much more eloquent way of stating my point.  Thanks grin

Watching others discuss various philosophies is probably part of the reason I’ve never gone out of my way to add the writings of philosophers to my library, for fear that reading them might make my head explode. LOL

Consi:

I’m sure that you recognize that Theo’s use of his experience with depression just doesn’t match up when making comparisons to a situation in which an individual is experiencing auditory hallucinations-hearing voices. It’s comparing apples and oranges, and you rightly cut through his bullshit when you say this:

And if all that studying results in a person arguing that reality isn’t really real, I think I’m better off with my high school diploma and the street smarts enough to know that there are people who are too mentally ill to make rational decisions, and that they need to be treated by people who will be held accountable if their counsel causes a sick person to get worse.

Amen, I say to thee.

That was probably the best call of bullshit in this entire thread.

Thanks.  And yes, there’s a world of difference between someone who’s got the blues (or is even clinically depressed) and someone who believes God is telling her to kill her children.

Les:

As someone who has had a lot of first hand experience with people who are severely chronically depressed (my wife) and bipolar (a former girlfriend) all I have to say is: If you were able to overcome it on your own then it probably wasn’t that serious of a problem to begin with. Bipolar disorder in particular is not something you can just decide not to suffer from anymore.

That’s been my experience as well, and both disorders (among others) run in my family.  There’s a huge difference between having a few days of wallowing in self-pity thinking, “I hate my life,” and a serious bout of depression where you can’t even motivate yourself get out of bed or take a shower, much less work, take care of your family or any of the other myriad responsibilities of day-to-day living.  The first scenario generally works itself out quickly, whereas the second can literally destroy your life if left untreated.

GeekMom:

Theo sounds exactly like one of those college or just-post-college students who has attended an est/Lifespring/Forum kind of course.  You know, the kind where they come back as a complete asshole and say, “I didn’t MAKE you angry.  You CHOSE to react to my kicking you in the shin by becoming angry.?

Of course, the emotional parts of the brain are still developing at that age, and they love to try on new lifestyles and philosophies, and REALLY get into them, to the point where they confuse them with reality.

It’s hilarious how he’s decided that he knows much more than all the millions and millions of doctors, psychiatrists, psychologists, and people who have studied or lived with mental illness, in all its guises, for centuries.

Like Elwed’s comment, yours is also a clearer statement of my rant.

I suppose I could’ve made it shorter, but I thought it might be rude to write, “Theo, you’re a fucking KID, what the hell do YOU know?  Come back in 20 years when you’ve had time to live through some of the harsh realities of adulthood.”

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Invisible friends are for children and psychopaths.

decrepitoldfool United States Posted on 03/05/2006 at 11:46 AM

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I suppose I could’ve made it shorter, but I thought it might be rude to write, “Theo, you’re a fucking KID, what the hell do YOU know?  Come back in 20 years when you’ve had time to live through some of the harsh realities of adulthood.?

Gee, I dunno, OB… that pretty much sums up what I was thinking.

OB United States Posted on 03/05/2006 at 12:54 PM

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Glad to hear it DOF… I was starting to wonder if my hostile attitude might indicate a need for increasing my meds tongue wink

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Invisible friends are for children and psychopaths.

Justice United States Posted on 03/05/2006 at 01:00 PM

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DOF said…

I didn’t figure it was between the dog and my son to decide what happened.  Nor did I have any set limit to the depth of involvement there - the dog wasn’t going to bite my son.  Period.

... and it irks me that it went without response.

Sadie Jane United States Posted on 03/05/2006 at 01:30 PM

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Personally I care very little about the original entry and the story therein, so I just wanted to address this comment to Theocrat, who appears to be ranting and pontificating in an attempt to make himself appear well-versed regarding a concept that he clearly knows next to nothing about: mental illness runs in my family. I myself have suffered from bouts of unipolar depression, and a cousin of mine seems to be saddled with bipolar disorder. In my opinion, anyone who seriously denies the concept of mental illness or believes that those afflicted have the power to simply “get over it” is either a nutcase, appallingly ignorant, or a combination of the two.

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Thinking is the best way to travel.

GeekMom United States Posted on 03/05/2006 at 01:45 PM

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Sadie, if he’s a nutcase, then by his own rules he ought to be able just to “snap out of it.” Right? wink

Waiting for the snap ...

Ragman United States Posted on 03/05/2006 at 02:06 PM

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OB: Watching others discuss various philosophies is probably part of the reason I’ve never gone out of my way to add the writings of philosophers to my library, for fear that reading them might make my head explode.

Same for me.  I feel that there are so many different philosophies, life would pass me by while I was trying to make heads or tails of them.  Not to mention I don’t go in for conforming myself to some philosophy that I don’t fully agree with.

Sadie Jane United States Posted on 03/05/2006 at 05:10 PM

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Where’s Nunyabiz when you really need him?  LOL

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Thinking is the best way to travel.

errandchild United States Posted on 03/05/2006 at 07:22 PM

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Apparently Theo has either thrown in the towel, or is thinking on a (enter sarcasm here) no doubt, amazing rebuttal guaranteed to blow all of our minds.

Pity, and I was just starting to have fun.

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