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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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i am a mental patient wrongly diagnosed in the first place

Customer Question

i am a mental patient wrongly diagnosed in the first place i have tinnitus i hear a constant whistling noise not voices i am on a cto forced to have injections of 200mg clopixol per fortnight these injections are causing me to be over sedated sleeping in and more worryingly giving me episodes of breathing difficulties every few days is there anything we can do about this
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you detained on section of the mental health act?
Customer: replied 2 years ago.

no

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm not sure what you wanted to do about this?
Customer: replied 2 years ago.

i am wondering what rights i have under human rights law not to have my life ruined by being over sedated causing me to sleep in and more worryingly have episodes of breathing difficulty

Expert:  Jo C. replied 2 years ago.
Thanks.

If you are not detained on Section of the Mental Health Act then you are a voluntary patient and free to discharge yourself or refuse treatment at any time.

They have no power to force you. Obviously that may lead to them placing you on section but its quite hard to do that.

The human rights act doesn't really apply. You just have rights under the common law to refuse treatment if you do not consent.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

i am on a cto community treatment order does this not negate my rights under common law

Expert:  Jo C. replied 2 years ago.
In that case you are subject to a potential recall if you don't comply.

You can seek a review of the hospital managers of the order and also appeal to the tribunal.

The HRA has been engaged in relation to the MHA but its mostly settled down now. You do have rights under the HRA not to have your private life unreasonably encroached upon but it is a right from which there can be derogation in a good cause and treatment of a condition that places you or the community at risk has been held to be a good cause.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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