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Accusations of Abuse in Institutions

 

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Otago Daily Times
May 10, 2002

Compensation for Lake Alice patients may see others also claim
b
y Gail Goodger

Offering Government cash awards to allegedly mistreated former Lake Alice psychiatric patients could increase political pressure for others to receive settlements, including former Cherry Farm patients, a Dunedin mental health law specialist says.

Former Lake Alice patients say electro-convulsive therapy was used as punishment in the hospital's child and adolescent unit between 1972 and 1978.

The Government has responded by reaching a settlement with 95 former patients who filed legal proceedings and giving other patients, who might not want to be involved in legal proceedings, two months to apply for a cash award under a Government-funded scheme.

University of Otago associate professor John Dawson, a specialist in mental health law, said while that did not mean the Government was legally bound to accept claims from other psychiatric hospitals' former patients, it was likely to incite them to exert political pressure, which could lead to more Government settlements.

Although incidents at Cherry Farm had been investigated, the Government had not settled with claimants. Cherry Farm, near Dunedin, closed about 10 years ago.

Some former patients alleged in the early 1990s they were still suffering the consequences of deep sleep therapy used at the hospital in the mid-1970s.

Deep sleep did not have the scientific validation to be used at that time, Prof Dawson said.

It involved administering a combination of drugs to induce sleep for up to eight weeks.

A report by a barrister and solicitor in 1991 included affidavits from former Cherry Farm patients still suffering spasms, emotional instability and constant movement.

In most cases, there was no evidence the treatment was monitored for effectiveness. The amount and nature of drugs used were "not consistent with sound clinical practice", the report's authors said.

But a two-year Medical Council investigation subsequently cleared the Cherry Farm psychiatrist of misconduct, saying the patients had not received deep sleep therapy but modified narcosis, which induced light sleep for up to 18 hours a day, allowing patients to get up, eat and exercise.

The treatment was not improper or unreasonable at the time, the council said.

The Accident Compensation Corporation paid compensation to at least one of the former patients who had modified narcosis therapy.

The Government has set aside $6.5 million for settling claims by former Lake Alice patients.

Prime Minister Helen Clark and Health Minister Annette King yesterday said in a joint statement that the cut-off date for claimants was June 30. The availability of the cash awards was announced in October last year.

Another 60 former patients have so far come forward.

The process should ensures equitable treatment for all former patients, including those who did not want to face a potentially painful and costly legal battle, the ministers said.

Claimants can contact the Lake Alice claims co-ordinator at the Ministry of Health in Wellington.

Those eligible include anyone who was aged 16 years or under and was a resident at the Lake Alice unit between 1972 and 1978, when the unit was closed.