Legal Question in Civil Rights Law in Kansas

In the Kansas Guard. I need to talk to a doctor about a severe head injury, but am worried he will send me to the psych people. What legal implications are there with the state if Im sent to a shrink? I know Kansas frowns heavily on people seeking help. My fear is they will remove my rights and have me committed.

Also what are the legal consequences for accidentally addmitting to having recently failed at a suicide attempt? I know in the county I currently live in, its an automatic misdemeanor and 30 days in county jail, if they find out.

I already know I will be kicked out for the first issue if my command finds out. Im asking for legal clarification on the consequences, not a "you need help". Also, Im not concered with the military consequences, just the civilian. Thank you!


Asked on 6/24/15, 7:52 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Unless you plan to commit an act of violence soon, your doctor is bound to a duty of confidentiality. I am unaware of a single case of someone being charged for a suicide attempt, based solely upon what they tell their therapist. The civil law wishes to encourag people to seek treatment. That link c policy is so strong that it doesn't allow doctor s to report physically or mentally challenged njured persons to the criminal authorities.

As for "being committed", there isn't enough information here to give you much help. If the psychiatrist determined new that you are an imminent threat to the safety of you or others, and you're refusing to comply with prescriptions, they can seek an Order of the Court granting a facility authority to hold you involuntary for treatment, until you regain the ability to make rational decisions. I'm no doctor, but the fact that you're weighing the costs of seeking treatment, tends to negate the basis for finding a need for an Involuntary Hold Order.

You already know to get medical help. You weren't able to supply man facts here. So, you should consult directly with a civil or probate practice attorney in your area. There may be factors that would alter an opinions described here.

Good luck

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Answered on 6/25/15, 4:11 am


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