More views of - or before - Cambridge Film Festival 2013
(Click here to go directly to the Festival web-site)
23 December
Continuing from Nothing's fair in love and court cases
My guess is that too many people are going to be interested in the court case (and there are so many ways nowadays for news of it to be disseminated) for it to disappear : I have already outlined the tactical reasons that might lead to the decision not being appealed, and, with short time-limits usual within which appeals have to be put in, it will not be long before we know what has happened.
On the face of it, a judge finding a causal link between whatever schizophrenia is and abuse earlier in life more probable than not (the standard of proof being the so-called balance of probabilities). For those who found R. D. Laing and Aaron Esterson's Sanity, Madness and the Family : Families of Schizophrenics compelling teenage reading, this ruling has been a long time coming, of course.
However, even if it depends on its own facts, it now legally challenges the orthodoxy that this loose bundle of symptoms called schizophrenia (where A might never hear voices, but B does, even if, say, they share (what is supposed to be) delusional thinking, paranoia, and numbness of affect) is heavily genetic in origin - and, whatever happens to this case, there will still be those who argue that there is a genetic predisposition* to respond to abuse in the way that the judge has found.
In the law of England and Wales, it is established principle in the law of tort (or some say of torts (which are just civil wrongs, some of them the non-criminal counterparts of criminal offences)) that one takes one's victim as one finds him. For example, the person negligently injured who has an egg-shell skull, and for whom the blow on the head was far more serious - on account of the fact that the person from whose negligence the blow has been found to result** is liable, he or she is liable for the complications that resulted (say coma, life-support, paralysis).
Bringing a claim for compensation for 'injury' (in its widest sense) resulting from abuse typically hangs back for any criminal case arising from the same facts to be brought, for the simple reason that the standard of proof is beyond reasonable doubt, so, although there are differences in approach, terminology and procedure between the civil law and the criminal law, a conviction is almost always going to establish the basic requirements of being able to prove a civil case., because another court, with a more stringent test, has already looked at it.
Some abused, perhaps, by Catholic priests, who went on to develop schizophrenia in their mid-twenties and who have been compensated may have agreed to settle all claims in return for receiving payment. Others may not have yet brought or settled their claims (and so would not need to test with the form of agreement had bound them and precluded future cases) might still have smoked skunk, known, in the unlucky few, to correlate not with the chilled experience that they sought, but with frightening psychotic experiences that they may no longer be free from.
A case to cite this Australian judgement, then, would best be brought by someone who was abused, whose abuse has been established but not yet led to a settlement or award, and who has not used recreational drugs, so that the picture is clear and not muddied. What stands n the way are likely to be several-fold :
* Availability of funding (even with insurance, one has to satisfy the insurers and their brokers that the chances are 51% or more of winning)
* The associated willingness of the legal profession (the advice of a solicitor or a barrister's opinion will almost certainly guide that assessment of the chances of winning)
* The calibre of the solicitor and barrister who take it on
How many years will it take for all this to be satisfied, and for a case to proceed to trial without the claimant (through pressure exerted by the defendant and its insurers and brokers and / or, as a result of tactical games, the claimant's own insurers and brokers) being induced to settle or knocked out in procedural wranglings prior to trial ?
Not to seem pessimistic, but I wouldn't be surprised at 15 years. If I'm wrong, take a case - surprise me, and prove me wrong !
End-notes
* We all know, of course, that even the behaviour of non-biological systems, let alone human nature, is in the DNA (as the phrase, for the nonce, has it).
** Charmingly known as the tortfeasor. It could have been indirect, in a road traffic accident (or RTA) - whatever occurred, if insurance is involved, the length of the case may rival that of Dickens' fictional Chancery one of Jarndyce v. Jarndyce...
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Unless stated otherwise, all films reviewed were screened at Festival Central (Arts Picturehouse, Cambridge)
Showing posts with label schizophrenic. Show all posts
Showing posts with label schizophrenic. Show all posts
Sunday, 22 December 2013
Tuesday, 22 October 2013
Mental-health in-fighting
More views of - or before - Cambridge Film Festival 2013
(Click here to go directly to the Festival web-site)
22 October
There is a well-worn claim that a person with an experience of schizophrenia is called a schizophrenic, whereas a person who has cancer is not called a cancerist.
But we do call people diabetics, haemophiliacs, coeliacs, hypochondriacs, hysterics, alcoholics, etc., and half of those nouns relate to physical conditions.
Yes, it is nicer not 'to define someone' by reference to their health, but the cancer argument employed is a bogus one, not least since I believe that people do sometimes relate to hearing that someone has cancer on an irrational level, of its being karma / punishment, or as if the cancer is infectious, or the person can no longer be related to as a person, but as only a substrate for a deadly disease : dehumanizing the person, by only seeing him or her in terms of the spread - or remission - of the cancer(s). (In another posting, I suggested how mental ill-health is not different from, but exactly like, a broken leg.)
Some people object to the term service-user, saying that they did not choose to have mental-health services (they were cajoled, coerced, sectioned, medicated against their will, mistreated (when they were supposed, ironically, to be treated in the system's own terms)), others simply do not care, even if they have had the same experiences, and are not worried about a need to challenge use of the word.
In similar ways, some have a diagnosis thrust upon them, and struggle to feel content with someone else defining their experience in that way, whereas others, refused a service unless they have a diagnosis, embrace one, and feel that it validates.
Of course, that sense of validation, of finally being believed, could relate just as much to the situation of someone with what turns out to be a brain tumour, who succeeds in persuading someone to carry out a scan and whose findings account for their bizarre or troubling symptoms, previously discounted on supposed medical grounds.
Or there could be a person who is happy with his or her body-shape at 22 stone, and who rejects the notion of being obese - and, if it is not interpreted as a mental-health issue (with implications for a forced admission), but, say, as a lifestyle choice, he or she is free (subject to these irritating medical promptings) to do as he or she pleases with his or her body.
So, returning to the question of diagnosis, one person might be able to get help, because of a diagnosis, whereas a person, supported with a diagnosis of bi-polar disorder, might then be denied support, if it is claimed that it was a misdiagnosis and that he or she has borderline personality disorder (and vice versa, the latter likely to be a case where he or she is pleased with the new diagnosis, which he or she has probably been fighting to have recognized as 'a better fit').
And then there is so-called depression (because I believe that the word has outlived its usefulness - unless it can be 'reclaimed' - when too many people think that it just means being a bit sad, that the person described as being depressed is lazy, shamming, not trying as they would, and that they know what it means, when they do not). I took issue with @StephenFry likening depression to a meteorological cold front, which, like the wind, rain or snow, just is until it is over :
I honestly thought that having that debate might make people question whether low mood and negativity really just are, or whether some people might be helped - some of the time - by psychological intervention, as practitioners and writers such as Paul Gilbert want to say (e.g. Gilbert's self-help book, Overcoming Depression). Fry's message of waiting for the good days to come may work at one level, where crashing for two or three days may allow one to regroup and feel restored / revived, but what if that crashing could be avoided, or, at least, postponed to a less critical time ?
It is this polarity of the discussions in mental-health circles that frustrates me : Fry was no doubt wishing to be helpful, but seemed didactic in his statement, as if to the exclusion of the possibility that sessions with a psychologist might make an improvement such as described. Likewise, those 'saddled with' a diagnosis (and, maybe, poor or no treatment) seem to be at odds with those who, as suggested, might have had their beliefs about themselves confirmed by one.
When one person, wanting to feel safe from impulses to commit suicide (which I maintain is an acceptable expression), might benefit from feeling safe on an acute psychiatric ward, someone who is at a level of depression not just to be numbed to what is happening might equally experience it as too lively, too fuelled by the activity of those whose mood is at the opposite extreme to be a therapeutic environment - and they, too, might find each other's psychotic assertions frightening and disturbing, which is hardly likely to lead to peace and a lowering of anxiety.
Is a ward such as that, then, a microcosm of the flare-ups that the mental-health element of Twitter seems to accommodate, perhaps even invite or spark ? Or is it no different from any topic where feelings are running high on both sides ?
If you want to Tweet, Tweet away here
Unless stated otherwise, all films reviewed were screened at Festival Central (Arts Picturehouse, Cambridge)
(Click here to go directly to the Festival web-site)
22 October
There is a well-worn claim that a person with an experience of schizophrenia is called a schizophrenic, whereas a person who has cancer is not called a cancerist.
But we do call people diabetics, haemophiliacs, coeliacs, hypochondriacs, hysterics, alcoholics, etc., and half of those nouns relate to physical conditions.
Yes, it is nicer not 'to define someone' by reference to their health, but the cancer argument employed is a bogus one, not least since I believe that people do sometimes relate to hearing that someone has cancer on an irrational level, of its being karma / punishment, or as if the cancer is infectious, or the person can no longer be related to as a person, but as only a substrate for a deadly disease : dehumanizing the person, by only seeing him or her in terms of the spread - or remission - of the cancer(s). (In another posting, I suggested how mental ill-health is not different from, but exactly like, a broken leg.)
Some people object to the term service-user, saying that they did not choose to have mental-health services (they were cajoled, coerced, sectioned, medicated against their will, mistreated (when they were supposed, ironically, to be treated in the system's own terms)), others simply do not care, even if they have had the same experiences, and are not worried about a need to challenge use of the word.
In similar ways, some have a diagnosis thrust upon them, and struggle to feel content with someone else defining their experience in that way, whereas others, refused a service unless they have a diagnosis, embrace one, and feel that it validates.
Of course, that sense of validation, of finally being believed, could relate just as much to the situation of someone with what turns out to be a brain tumour, who succeeds in persuading someone to carry out a scan and whose findings account for their bizarre or troubling symptoms, previously discounted on supposed medical grounds.
Or there could be a person who is happy with his or her body-shape at 22 stone, and who rejects the notion of being obese - and, if it is not interpreted as a mental-health issue (with implications for a forced admission), but, say, as a lifestyle choice, he or she is free (subject to these irritating medical promptings) to do as he or she pleases with his or her body.
So, returning to the question of diagnosis, one person might be able to get help, because of a diagnosis, whereas a person, supported with a diagnosis of bi-polar disorder, might then be denied support, if it is claimed that it was a misdiagnosis and that he or she has borderline personality disorder (and vice versa, the latter likely to be a case where he or she is pleased with the new diagnosis, which he or she has probably been fighting to have recognized as 'a better fit').
And then there is so-called depression (because I believe that the word has outlived its usefulness - unless it can be 'reclaimed' - when too many people think that it just means being a bit sad, that the person described as being depressed is lazy, shamming, not trying as they would, and that they know what it means, when they do not). I took issue with @StephenFry likening depression to a meteorological cold front, which, like the wind, rain or snow, just is until it is over :
I honestly thought that having that debate might make people question whether low mood and negativity really just are, or whether some people might be helped - some of the time - by psychological intervention, as practitioners and writers such as Paul Gilbert want to say (e.g. Gilbert's self-help book, Overcoming Depression). Fry's message of waiting for the good days to come may work at one level, where crashing for two or three days may allow one to regroup and feel restored / revived, but what if that crashing could be avoided, or, at least, postponed to a less critical time ?
It is this polarity of the discussions in mental-health circles that frustrates me : Fry was no doubt wishing to be helpful, but seemed didactic in his statement, as if to the exclusion of the possibility that sessions with a psychologist might make an improvement such as described. Likewise, those 'saddled with' a diagnosis (and, maybe, poor or no treatment) seem to be at odds with those who, as suggested, might have had their beliefs about themselves confirmed by one.
When one person, wanting to feel safe from impulses to commit suicide (which I maintain is an acceptable expression), might benefit from feeling safe on an acute psychiatric ward, someone who is at a level of depression not just to be numbed to what is happening might equally experience it as too lively, too fuelled by the activity of those whose mood is at the opposite extreme to be a therapeutic environment - and they, too, might find each other's psychotic assertions frightening and disturbing, which is hardly likely to lead to peace and a lowering of anxiety.
Is a ward such as that, then, a microcosm of the flare-ups that the mental-health element of Twitter seems to accommodate, perhaps even invite or spark ? Or is it no different from any topic where feelings are running high on both sides ?
If you want to Tweet, Tweet away here
Unless stated otherwise, all films reviewed were screened at Festival Central (Arts Picturehouse, Cambridge)
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