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Paternalism and autonomy: A presentation of a Nordic study on the use of coercion in the mental health care system Georg Høyer a , Lars Kjellin b, * , Marianne Engberg c , Riittakerttu Kaltiala-Heino d , Tore Nilstun e , Maria Sigurjo ´nsdo ´ttir f , Aslak Syse g a Professor, Institute of Community Medicine, University of Tromsø, N-9037 Tromsø, Norway b Research Manager, Psychiatric Research Centre, O ¨ rebro County Council, P.O. Box 1613, SE-701 16 O ¨ rebro, Sweden c Associate Professor, Department of General Medical Practice, Aarhus University, DK-8000 Aarhus, Denmark d Professor, Tampere School of Public Health, University of Tampere, SF-33014 Tampere, Finland e Associate Professor, Department of Medical Ethics, Lund University, SE-222 22 Lund, Sweden f Psychiatrist, Blakstad Psychiatric Hospital, N-1371 Asker, Norway g Professor, Department of Public and International Law, University of Oslo, N-0130 Oslo, Norway 1. Introduction Though coercion is widely used in psychiatry, both in terms of involuntary hospital admissions and coercive treatment, little is known about the effects of coercing patients. In spite of this lack of knowledge, mental health acts worldwide authorize civil commitment to mental hospitals. The justification for the use of coercion is basically a belief that coercion works, meaning that compulsory treatment improves the outcome compared to the outcome with no (coercive) intervention. In accordance with medical ethics, the moral obligation to reduce suffering also plays an important role in justifying the use of coercion in psychiatry. The underlying belief is that patients suffering from serious mental disorders usually are unable to understand their needs for treatment, thus justifying paternalistic interventions, i.e., well-intended interference with a person’s liberty of action. Medical, or more generally, individual paternalism occurs when an action against a person is done in the interest of the person. Social paternalism means that the action is done in the interest of others (Kjellin & 0160-2527/02/$ – see front matter D 2002 Elsevier Science Inc. All rights reserved. PII:S0160-2527(01)00108-X * Corresponding author. Tel.: +46-19-602-58-89; fax: +46-19-602-58-86. E-mail address: [email protected] (L. Kjellin). International Journal of Law and Psychiatry 25 (2002) 93–108

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Autores: Georg Høyera, Lars Kjellinb,*, Marianne Engbergc,Riittakerttu Kaltiala-Heinod, Tore Nilstune,Maria Sigurjo´nsdo´ ttirf, Aslak SysegAbstract:Though coercion is widely used in psychiatry, both in terms of involuntary hospitaladmissions and coercive treatment, little is known about the effects of coercing patients. Inspite of this lack of knowledge, mental health acts worldwide authorize civil commitment tomental hospitals. The justification for the use of coercion is basically a belief that coercionworks, meaning that compulsory treatment improves the outcome compared to the outcomewith no (coercive) intervention. In accordance with medical ethics, the moral obligation toreduce suffering also plays an important role in justifying the use of coercion in psychiatry.The underlying belief is that patients suffering from serious mental disorders usually areunable to understand their needs for treatment, thus justifying paternalistic interventions, i.e.,well-intended interference with a person’s liberty of action. Medical, or more generally,individual paternalism occurs when an action against a person is done in the interest of theperson. Social paternalism means that the action is done in the interest of others (Kjellin & Nilstun, 1993; Nilstun, 1997), and may be justified, for instance when mental patients aredangerous to others. At the same time, coercion is believed by many to be potentially harmfuland to have serious negative effects. Nevertheless, recommendations applying specifically tothe field of psychiatry acknowledge that the use of coercion sometimes is unavoidable andmay be used as a last resort, even if such interventions violate human right ideals (Council ofEurope, 1950, 1983, 1996; United Nations, 1948, 1966, 1991; World Psychiatric Association,1996). On this background, there is an obvious need for research exploring whether theexisting beliefs concerning the effects of coercing patients are right or wrong.In this article, we will present a study called ‘‘Paternalism and Autonomy—A NordicStudy on the Use of Coercion in the Mental Health Care System.’’ There has been a growinginterest in research on involuntary psychiatric hospitalization in the Nordic countries over thelast years. A pioneer study of Danish case records was done by Adserballe (1977), and in the1980s and 1990s studies on the use of coercion have been performed in all of the Nordiccountries (Engberg, 1994; Gudmundsson & Stefansson, 1989; Høyer, 1986b; Kaltiala-Heino,1995; Kjellin, 1996; Westrin, Nilstun, Axelsson, et al., 1990). The current study is a jointstudy involving all the five Nordic countries (Denmark, Finland, Iceland, Norway, andSweden) and consists of three major research areas. One concerns the moral and legaljustification for civil commitment, the second is epidemiologically oriented comparingcommitment rates between and within the countries, and the third part focuses on thepatients’ perception of being coerced in relation to their hospital admission. In this article,we will discuss methodological issues related to research on the use of coercion inpsychiatry, as well as presenting design and methods applying to the Nordic study. Specialattention will be paid to conceptual and methodological problems related to the measurementof perceived coercion.

TRANSCRIPT

  • Paternalism and autonomy:

    A presentation of a Nordic study on the use of coercion in

    the mental health care system

    Georg Hyera, Lars Kjellinb,*, Marianne Engbergc,Riittakerttu Kaltiala-Heinod, Tore Nilstune,

    Maria Sigurjonsdottirf, Aslak Syseg

    aProfessor, Institute of Community Medicine, University of Troms, N-9037 Troms, NorwaybResearch Manager, Psychiatric Research Centre, Orebro County Council,

    P.O. Box 1613, SE-701 16 Orebro, SwedencAssociate Professor, Department of General Medical Practice, Aarhus University, DK-8000 Aarhus, Denmark

    dProfessor, Tampere School of Public Health, University of Tampere, SF-33014 Tampere, FinlandeAssociate Professor, Department of Medical Ethics, Lund University, SE-222 22 Lund, Sweden

    fPsychiatrist, Blakstad Psychiatric Hospital, N-1371 Asker, NorwaygProfessor, Department of Public and International Law, University of Oslo, N-0130 Oslo, Norway

    1. Introduction

    Though coercion is widely used in psychiatry, both in terms of involuntary hospital

    admissions and coercive treatment, little is known about the effects of coercing patients. In

    spite of this lack of knowledge, mental health acts worldwide authorize civil commitment to

    mental hospitals. The justification for the use of coercion is basically a belief that coercion

    works, meaning that compulsory treatment improves the outcome compared to the outcome

    with no (coercive) intervention. In accordance with medical ethics, the moral obligation to

    reduce suffering also plays an important role in justifying the use of coercion in psychiatry.

    The underlying belief is that patients suffering from serious mental disorders usually are

    unable to understand their needs for treatment, thus justifying paternalistic interventions, i.e.,

    well-intended interference with a persons liberty of action. Medical, or more generally,

    individual paternalism occurs when an action against a person is done in the interest of the

    person. Social paternalism means that the action is done in the interest of others (Kjellin &

    0160-2527/02/$ see front matter D 2002 Elsevier Science Inc. All rights reserved.

    PII: S0160 -2527 (01 )00108 -X

    * Corresponding author. Tel.: +46-19-602-58-89; fax: +46-19-602-58-86.

    E-mail address: [email protected] (L. Kjellin).

    International Journal of Law and Psychiatry

    25 (2002) 93108

  • Nilstun, 1993; Nilstun, 1997), and may be justified, for instance when mental patients are

    dangerous to others. At the same time, coercion is believed by many to be potentially harmful

    and to have serious negative effects. Nevertheless, recommendations applying specifically to

    the field of psychiatry acknowledge that the use of coercion sometimes is unavoidable and

    may be used as a last resort, even if such interventions violate human right ideals (Council of

    Europe, 1950, 1983, 1996; United Nations, 1948, 1966, 1991; World Psychiatric Association,

    1996). On this background, there is an obvious need for research exploring whether the

    existing beliefs concerning the effects of coercing patients are right or wrong.

    In this article, we will present a study called Paternalism and AutonomyA Nordic

    Study on the Use of Coercion in the Mental Health Care System. There has been a growing

    interest in research on involuntary psychiatric hospitalization in the Nordic countries over the

    last years. A pioneer study of Danish case records was done by Adserballe (1977), and in the

    1980s and 1990s studies on the use of coercion have been performed in all of the Nordic

    countries (Engberg, 1994; Gudmundsson & Stefansson, 1989; Hyer, 1986b; Kaltiala-Heino,

    1995; Kjellin, 1996; Westrin, Nilstun, Axelsson, et al., 1990). The current study is a joint

    study involving all the five Nordic countries (Denmark, Finland, Iceland, Norway, and

    Sweden) and consists of three major research areas. One concerns the moral and legal

    justification for civil commitment, the second is epidemiologically oriented comparing

    commitment rates between and within the countries, and the third part focuses on the

    patients perception of being coerced in relation to their hospital admission. In this article,

    we will discuss methodological issues related to research on the use of coercion in

    psychiatry, as well as presenting design and methods applying to the Nordic study. Special

    attention will be paid to conceptual and methodological problems related to the measurement

    of perceived coercion.

    2. How can coercion be measured? Conceptual and methodological issues

    2.1. What is coercion?

    One of the reasons we lack empirical knowledge about the impact of coercion, is that the

    concept of coercion is poorly defined. What is coercion? When reviewing the literature it

    becomes quite clear that the concept of coercion is defined in many ways. In older studies

    coercion has, with a few exceptions, been treated as identical to the legal status of the

    patient. In a very simple way, such studies have relied on the assumption that those who

    have been civilly committed are subjected to coercion, while their voluntarily admitted

    counterparts are not. However, a number of more recent studies have demonstrated that a

    substantial proportion of voluntarily admitted patients report they have been subjected to

    coercion, and some committed patients do vice versa believe they are hospitalized on a

    voluntary basis (Beck & Golowka, 1988; Edelsohn & Hiday, 1990; Engberg, 1994; Gilboy

    & Schmidt, 1971; Hyer, 1986a,b; Kaltiala-Heino, 1995; Kjellin, 1996; Monahan, Hoge,

    Lidz, et al., 1995; Rogers, 1993). These studies have made it quite clear that the legal status

    of the patient is a poor measure for coercion. Based on this knowledge, recent research has

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 9310894

  • concentrated on perceived coercion in order to identify what kind of events patients

    experience as coercive (Hoge, Lidz, Gardner, et al., 1997; Lidz & Gardner, 1995; Marlowe,

    Kirby, Boniesky, et al., 1996; Monahan et al., 1995). This is a necessary first step in order

    to develop a more valid and reliable concept for coercion, and a necessary prerequisite

    before the impact of coercion on outcome can be explored in future studies (Monahan

    et al., 1995).

    2.2. How to measure subjective dimensions

    One of the first methodological challenges we faced was how to measure perceived

    coercion. All efforts to explore subjective dimensions, like for example quality of life,

    consumers satisfaction or, as in our case, perceived coercion, face the same problem: Is it

    possible to measure such subjective dimensions objectively? The intriguing fact that there is

    no clear relationship between objective standards of some phenomena like good health,

    standard of living, etc. and subjective well-being, makes this problem difficult (Ruggeri,

    Warner, Bisoffi, & Fontecedro, 2001). Some people who, by all reasonable judgements, live

    miserable lives, sometimes feel they have a good quality of life and vice versa. This

    seemingly paradox applies to patients perception of being coerced as well. The poor

    relationship between the patients legal status and their own opinion of their legal status

    has already been mentioned. Even more surprising, a Swedish study demonstrated that some

    voluntarily admitted patients, who according to the medical records had not been subjected to

    any kind of coercive measures, in their self-reports claimed they had been coerced during

    their in-patient period (Kjellin & Westrin, 1998). This finding further underlines the poor

    relationship between perceptions and objectively recorded events.

    The observed lack of correspondence between objective and perceived coercion may partly

    be due to limitations in what usually is included in the coercion concept. In the referred

    Swedish study (Kjellin & Westrin, 1998), observed coercion included the use of formally

    approved forced medication and the use of seclusion or restraint. These measures are clear-

    cut, easy to observe, and can be objectively recorded. Objective coercion can, however, be

    less clear-cut and accordingly more difficult to record (Kaltiala-Heino, Laippala, & Salo-

    kangas, 1999). Medication may for instance formally be taken on a voluntary basis, while in

    reality various degrees of pressure are applied leaving patients in a no-choice position. The

    more coercion is integrated in the structure of care and treatment, the more difficult it will be

    to identify and record such coercion.

    Most of the instruments used to measure subjective dimensions, like quality of life, general

    well-being, psychometric measures, etc., provide one index score describing the level of the

    actual subject being studied. It is generally believed that indexes, including multiple

    dimensions constitute a better instrument compared to more simple measures.

    The most-used instrument measuring perceived coercion, the MacArthur Perceived

    Coercion Scale (MPCS, see below) is constructed according to this principle, providing a

    single score based on five items. In the Nordic study, however, we wondered if one single

    global measure for perceived coercion could replace more complex measurements without

    loosing vital information or validity. In spite of the recommendations to use indexes, some

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108 95

  • support for this kind of simplification can be found in the literature (Gill & Feinstein, 1994;

    Mastekaasa, Moun, Naess, & Srensen, 1988). We ended up using both the MPCS, and a

    single global measure for perceived coercion in the Nordic study. Both instruments will be

    described in more detail below.

    It has also been argued that the quality of life concept consists of (at least) two different

    dimensions, one objective dimension including elements like standard of accommodation,

    level of income, health status, etc., and one subjective dimension encompassing perceived

    well-being (Muldoon, Barger, Flory, & Manuck, 1998). The authors strongly recommend

    treating the two factors as two different variables. The same principle obviously applies to

    measurements of other subjective dimensions. Regarding measurements of perceived

    coercion, the implication would be to keep observed coercion apart from self-reports of

    the feeling of being coerced (perceived coercion).

    2.3. Measures of perceived coercion and related concepts

    When we looked into previous attempts to measure perceived coercion, we identified three

    instruments designed for this purpose, namely the MPCS (Gardner, Hoge, Bennet, et al.,

    1993), The Circumstances, Motivation, Readiness, and Suitability Scale (De Leon, Melnic,

    Kressel, et al., 1994), and The Coercion/Noncoercion Matrix (Marlowe et al., 1996). While

    the MPCS has been applied by different research groups and seems to reveal sound

    psychometric properties, the two last mentioned instruments have only been used once each

    and will not be further commented on in this article.

    We also found a number of earlier studies addressing patients experiences of their

    treatment and care in more general terms (Adams & Hafner, 1991; Bradford, McCann,

    & Merskey, 1986; Conlon, Merskey, Zilli, & Frommhold, 1990; Kalman, 1983; Toews,

    El-Guebaly, Leckie, et al., 1981, 1984, 1986; Weinstein, 1979). Some of these studies

    concentrated on patients satisfaction (or lack of satisfaction); others focused more on

    specific experiences related to hospital admission and care. These studies did almost

    without exception construct their own instruments in order to measure patients satisfaction

    or other subjective attitudes to psychiatric treatment. In Sweden, Hansson, in cooperation

    with the Swedish health authorities, has developed a patient satisfaction questionnaire (the

    SPRI patient satisfaction questionnaire, Hansson & Hoglund, 1995). Both inpatient and

    outpatient versions exist. The inpatient version is composed of 44 self-administered, mostly

    structured questions, of which five questions are relevant to the use of coercion and process

    control. It is not surprising that there is a close association between patient satisfaction and

    perceived coercion, and a study using the SPRI instrument accordingly found that the

    strongest predictor of low satisfaction with all aspects of the in-patient period was perceived

    coercion (Svensson & Hansson, 1994). The interesting question in our context is the

    relation between measurements of patient satisfaction and perceived coercion, and to

    what degree these concepts are overlapping. The same question can be asked concerning

    concepts like violation of integrity, self-determination, and autonomy, just to

    mention some of the concepts commonly used when coercion in psychiatry is discussed

    (Kjellin, Westrin, Eriksson, et al., 1993; Nicholson, Ekenstam, & Norwood, 1996;

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 9310896

  • Vallimaki, Leino-Kilpi, & Helenius, 1996). The problem with all the concepts mentioned

    above is that they are abstract, hard to define, and difficult to operationalize. The great

    number of self-constructed instruments and their lack of standardization has been pointed to

    as a serious problem in research on patients attitudes and perceptions (Hiday, 1992, 1996;

    Hiday, Swarz, Swanson, et al., 1997; Kalman, 1983). In this situation, the need to refine

    research instruments was obvious, especially as the importance of perceived coercion has

    been acknowledged.

    2.4. The MacArthur Perceived Coercion Scale

    The scale consists of five statements to be answered in a true/false format. The five

    questions are extracted from the Admission Experience Survey (AES), originally comprising

    104 items, but later revised into a 41-item version (Gardner et al., 1993). The literature on the

    MPCS is somewhat confusing for an outsider with regard to different names and versions.

    Some of this confusion is caused by the fact that the instrument, and the context in which it is

    used, has changed as the MacArthur coercion study has developed. Most studies using the

    MPCS have applied a 15-item version of the Admission Experience Interview (AEI) or the

    much longer AES where the five (or sometimes four) MPCS questions have been

    incorporated. Yet, the other 10 items comprising the 15-item version of the AEI vary, which

    is another confusing aspect of the AES/AEI/ MPCS instrument.

    The AES/AEI/MPCS has been reported to have good psychometric properties, is not

    time-consuming, is well understood by the patients and works well in different settings

    (Gardner et al., 1993; Siegel, Wallsten, Torsteinsdottir, & Lindstrom, 1997). The questions

    included in the MPCS all bear high loadings on the perceived coercion dimension, and the

    patients answer the perceived coercion questions in a highly consistent way. It is important

    to remember though, that these findings are not a proof of validity, meaning that we still do

    not know if the MPCS questions constitute the best way of measuring perceived coercion.

    The MPCS may for instance be more sensitive to inequity matters in the decision-making

    process, than the impact of the factual use of coercion during admission and hospitalization.

    2.5. Changes in perceived coercion over time

    Another aspect to take into consideration is changes in patients perceptions over time

    (Edelsohn & Hiday, 1990; Gardner, Lidz, Hoge, et al., 1999; Kaltiala-Heino, 1997; Kane,

    Quitkin, Rifkin, et al., 1983; Toews et al., 1986). The usual pattern is that patients express less

    negative attitudes towards the admission and treatment as time goes by. Because of these

    changes, it is important to underline at what time measures of perceived coercion are made.

    Fig. 1 illustrates different stages in a treatment episode. As can be seen from this figure, the

    preadmission period includes extremely important deliberations and decisions, determining

    the next steps to be taken in the actual situation. Impression from interviewing acutely

    admitted patients in Norway indicate that patients are much more upset about negative

    pressures and coercion used outside the hospital during the admission process compared to

    their feelings about being confined in the hospital (Hyer, 1999). The same impressions are

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108 97

  • reported from the MacArthur studies (Hoge, Lidz, Eisenberg, et al., 1997). If these impressions

    hold true, one should look separately into the admission period and the in-patient period in

    order to understand the dynamics of perceived coercion. It is also reasonable to conclude that

    perceived coercion measurements should be made longitudinally (i.e., more than once) during

    a treatment episode.

    3. Paternalism and AutonomyA Nordic Study on the Use of Coercion in the Mental

    Health Care System: Aims and general design

    The Nordic study called Paternalism and AutonomyA Nordic Study on the Use of

    Coercion in the Mental Health Care System has been carried out in all the five Nordic

    countries. The core part of the study is confined to questions related to deprivation of

    liberty (involuntary admissions). In addition to the core study, each participating country

    could add topics of special national interest, and such studies have been added in Finland,

    Norway, and Sweden.

    The overall aims of the study are: (1) to identify the justification for the use of coercion as it

    appears in the mental health acts and other legal documents in the Nordic countries, (2) to

    study the reliability and validity of public statistics on civil commitments, and (3) to explore

    what constitutes the concept of coercion by looking at the kind of events and circumstances

    determining the patients perception of coercion. The core study includes, in accordance with

    the threefold aim, three levels described below. The three levels are harmonized in a way

    that make comparisons across levels possible, both within and between countries. The general

    design of the study is schematically shown in Fig. 2. The study has been approved by ethical

    review boards in each participating country.

    Fig. 1. The admission process.

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 9310898

  • 3.1. Level 1: How is paternalism (the use of coercion in the mental health care system)

    justified? Value conflicts and legal regulations

    To explore how the use of coercion is justified, we have studied legal documents, i.e., laws,

    preparatory papers, official recommendations, instructions, and court cases. The methods

    applied in this part of the study include textual analysis and interviews with ethicists, lawyers,

    and physicians from each of the Nordic countries. Two international coordinators, a medical

    ethicist and a lawyer, have made the comparative analysis of the material from all the five

    countries. They visited all the participating countries and interviewed key persons on their

    views about the value base underlying the different mental health acts and if the law was

    practiced in harmony with these values.

    This part of the study was carried out between 1995 and 1997 and some of the results have

    been published (Nilstun & Syse, 2000; Syse, 1999; Syse & Nilstun, 1997). A major finding

    was that in spite of varying degrees of coercive powers of the different mental health acts, the

    Fig. 2. The general design of the core study.

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108 99

  • agreement among the interviewed professionals on when civil commitment was justifiable

    and striking. The Level 1 analysis will provide a useful frame of reference when the empirical

    results of Levels 2 and 3 of the study will be discussed.

    3.2. Level 2: Reliability and validity of public statistics on civil commitments

    It has been well established that formal involuntary hospitalization varies greatly between

    countries (Bagby, 1987; Engberg, 1991; Hyer, 1985; Kaltiala-Heino, 1995; Monahan et al.,

    1995; Riecher-Rossler & Rossler, 1993). There are a number of methodological problems,

    however, in comparing data on formal involuntary hospitalization between nations (Engberg,

    Kaltiala-Heino, Hyer, et al., 2001). Reports from Denmark, Finland, and Sweden indicate a

    decrease in commitment rates during the last decades (Engberg, 1990; Kaltiala-Heino, 1995;

    Kjellin, 1997), while Norway has seen an increase (Hatling & Krogen, 1998). According to

    available public statistics, commitment rates vary between 29 per 100,000 inhabitants

    (Denmark) and 195 per 100,000 inhabitants aged 18 or above in Norway (Hatling & Krogen,

    1998). When interpreting such data, one must be aware of the impact of differences in the

    coercive powers of various mental health acts, as well as numerous other factors, like for

    instance the organization, quality, and capacity of all kinds of medical and social services and

    differences in the interpretation and practical application of the legal criteria authorizing the

    use of coercion. For those reasons, it must be emphasized that differences in commitment

    rates across jurisdictions do not necessarily reflect differences in the level of coercion of a

    country. Another issue is the great variations in commitment rates and quotas within nations

    or jurisdictions reported by many authors (Engberg, 1991; Kjellin, 1997; Kokkonen, 1993;

    Ostman, 1983; Riecher-Rossler & Rossler, 1993). Attempts have been made to explain such

    regional variations by demographic factors (Malla & Norman, 1988; Miller & Fiddleman,

    1983) or by the structure and available resources of services (Engberg, 1991; Faulkner, Mc

    Farland, & Bloom, 1989; Kjellin, 1997; Kokkonen, 1993; Malcolm, 1989; Ostman, 1983;

    Pylkkanen, 1987). None of these studies, however, offer a comprehensive explanation of the

    main factors contributing to the reported differences.

    In Level 2 of the Nordic study data from medical records and related documents are

    registered in a uniform way in all the Nordic countries with a registration form developed for

    the study. The analysis will provide uniform measures of any period of legal deprivation of

    liberty during a defined treatment episode. The reliability of public statistics is studied by

    comparing consistency and completeness of public data of involuntary and voluntary

    admissions with data recorded in the Nordic study. The validity is studied by exploring if

    procedures for compiling public statistics are able to identify any period of involuntary

    admissions during a treatment episode. A more detailed presentation of Level 2 is given in

    another article (Engberg et al., 2001).

    3.3. Level 3: Patients perceived coercion

    We decided to use a core interview, identically performed in all the five participating

    Nordic countries. The core interview was carried out between the first and fifth day after

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108100

  • admission. According to the inclusion criteria, all patients between 18 and 60 years of age

    were eligible for inclusion in the study regardless of their legal status (i.e., both formally

    voluntarily and involuntarily admitted patients). Forensic patients, patients with a primary

    diagnosis of substance abuse, and patients who obviously were too disturbed to understand

    what the interview was about or unable to communicate for other reasons were the only ones

    to be excluded. We ended up doing 995 interviews.

    The interview schedule comprised of five parts: (1) an interview specially designed for the

    actual study, named the Nordic Admission Interview (NORAI), (2) a visual analogue scale

    measuring a global score for perceived coercion, (3) the MacArthur AES (including the

    MPCS; Gardner et al., 1993), (4) the Global Assessment of Functioning Scale (GAF) (APA,

    1987), and (5) the Brief Psychiatric Rating Scale (BPRS) (Overall & Gorham, 1962). In

    addition, file information including demographics, diagnosis, admission, legal status,

    medication, and type of ward was collected from the hospital records. An overview of the

    elements included in the core interview is given in Table 1. In the following, we will

    describe in more detail the elements of the interview schedule originally designed for the

    Nordic study.

    3.3.1. The Nordic Admission Interview

    The NORAI was constructed by selecting the questions that worked best in previous

    studies carried out in Denmark (Engberg, 1994), Finland (Kaltiala-Heino, 1995), Norway

    (Hyer, 1986b), and Sweden (Candefjord, 1989; Kjellin, 1996). We agreed to exclusively

    focus coercion related to the deprivation of liberty in relation to admissions to mental

    Table 1

    The Nordic study on the use of coercion in the mental health care system

    Number

    of items Comments

    NORAI 16 The sum of questions for each category is greater

    Transportation to hospital 5 than 16, because some items have sub-questions

    Self determination 8 and some items cover more than one category

    Reason for admission 4

    Awareness of own legal status 4

    Restrictions of freedom 2

    Violation of integrity 1

    AES 15

    MPCS 5

    BPRS 16 Additional questions were asked if the interview did

    not provide enough information

    GAF Scores range from 1 to 90, 90 is the best possible score,

    while 1 is the worst

    File information 16 Sex, age, type and size of ward, medication, diagnoses,

    legal status, and duration of stay

    Elements included in the core interview on the patients perceived coercion.

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108 101

  • institutions, thus leaving out the exposure to forced treatment, seclusion, restraint, or other

    kinds of coercion. The NORAI questions are simple and concrete, thus making the interview

    work even with very disturbed patients interviewed shortly after admission. The interview

    consists of 16 questions covering the following areas: The transportation to the hospital, self-

    determination in the admission process, perception of need for treatment, reason for

    admission, awareness of own legal status, restrictions in freedom to leave the hospital or

    the ward, and violation of integrity.

    3.3.2. The global score for perceived coercion

    When we considered a single measure for perceived coercion, we decided to use a visual

    analogue scale. We used a modified version of the Cantril Ladder (Cantril, 1965). The

    ladder (Fig. 3) is shown to the patient and the patient is asked to mark the degree of perceived

    coercion on the ladder after the following instruction is read to the patient:

    When a person gets admitted to a mental hospital or ward, different things will be of

    importance in each case. In some cases, a lot of pressure and even physical force is used when

    a person is admitted, while in other cases patients come to the ward totally at their own will. If

    you think of your own admission to this hospital this time, try to consider if you were

    subjected to any kind of coercion, threats, pressure, or inducements. Then try to figure what

    step on the ladder shown below that best corresponds with the amount of pressure from others

    you experienced when admitted, and mark the step with an X. For instance, if you came

    entirely on your own initiative put an X on step 1, but if you were subjected to the maximum

    use of coercion, then you put the X on step 10.

    3.4. Experiences with the use of the Nordic Admission Interview

    We have been positively surprised how well the interview has functioned in practice in all

    of the participating countries. Taking into consideration that a substantial number of acutely

    Fig. 3. The Coercion Ladder (adopted from the Cantril Ladder; Cantril, 1965).

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108102

  • admitted patients are in a psychotic state, we were afraid that many patients would be unable

    to comply with the interview requirements, but this has not been the case. Especially the

    NORAI and the Coercion Ladder worked well. Patients did almost without exception

    understand the procedure for marking the ladder and fulfilled the task without much

    hesitation. In most cases, the time needed to complete the whole interview schedule has

    been between 30 and 45 minutes, and even very disturbed patients stayed focused and

    completed the interview.

    The experience with the AES has been more mixed. Originally, the AES is composed of

    statements, requiring respondents to answer in a true/false format. We early recognized that

    we had to change the statements into questions (which is allowed according to the AES

    manual; Siegel et al., 1997). The question format asking for yes/no answers worked much

    better, but still many patients found it hard to comprehend the questions, and were somewhat

    reluctant to complete the AES. Experiences with the use of the AES from the USA are much

    better compared to what we have experienced in the Nordic countries, but we have no good

    explanation why this is the case. Our feeling is that the AES is too intellectually demanding

    for acutely ill persons suffering from serious mental disorders.

    4. Preliminary results and implications for further research

    Preliminary data from all Nordic countries suggest that perceived coercion tends to be a

    dichotomized phenomenon, measured both by the MPCS and the Coercion Ladder, and this

    dichotomized pattern remains even when formally voluntarily and involuntarily admitted

    patients are studied separately. This is a somewhat surprising finding, as it from a theoretical

    point of view seems reasonable to expect that perceived coercion should be graded and

    normally distributed (Carroll, 1991; Gardner et al., 1993; Hiday et al., 1997; Nicholson et al.,

    1996), especially when measured on a visual analogue scale like the Coercion Ladder. It is

    interesting, though, that two studies from North America have found the same dichotomized

    pattern regarding perceived coercion (Hiday et al., 1997; Lidz, Hoge, Gardner, et al., 1995).

    The implications of these findings are still unclear. One explanation for the dichotomized

    distribution of the MPCS could be that this scale deliberately has excluded all measures of

    objective (factual) coercion, thus making the MPCS completely related to the emotional

    components of patients experiences. However, if adding factual use of coercion should

    produce a more normally distributed pattern, this should be reflected in the Coercion Ladder,

    which was not the case. Thus, at this stage we are unable to produce a good explanation for

    the bimodal distribution of perceived coercion. Hopefully, the final analysis of the Nordic

    data will be able to provide a better understanding of this somewhat surprising phenomenon.

    In this process, questions about flaws in the instruments used to measure perceived coercion

    must be asked, or if perceived coercion really is a dichotomized phenomenon and, in this

    way, more resembles the concept of integrity. In moral philosophy, integrity can never be

    gradedit is either preserved or violated (Kant, 1785; Hermeren, 1994). In this context, the

    relation between perceived coercion and integrity emerges as an interesting topic to explore in

    the future.

    G. Hyer et al. / International Journal of Law and Psychiatry 25 (2002) 93108 103

  • 5. Conclusions and importance of the study

    Before the impact of coercion on the outcome of psychiatric treatment can be studied,

    future research should give priority to refining the definition of perceived coercion and to

    identify and operationalize the relevant, independent variables, explaining why some mental

    patients feel more coerced than others. Based on existing empirical evidence, special attention

    should be given to what happens during the admission process. Concepts like procedural

    justice, process control, fairness, (in)equity, process exclusion, voice, influence, pressure,

    threats, autonomy, dignity, validation (of patients opinion), respect, power disparity,

    asymmetry, etc. have been used to describe important determinants for perceived coercion.

    These determinants are probably trying to describe some of the essential elements determin-

    ing a patients feeling of being coerced. However, we still do not know what these essential

    elements are, neither in terms of factual circumstances, decision-making, or communication.

    In this respect, the interaction between the (potential) patient and others involved in the

    admission process (family members, social workers, health professionals, police, etc.) should

    be emphasized in future research. We also recommend that measures of factual coercion and

    perceived coercion are measured separately and that those measures are repeated using a

    longitudinal design.

    Hiday (1996) once said: Given the controversy that coercive treatment has generated in

    psychiatry and law, it is surprising that there is not a wealth of data on the extent and

    outcomes of coercion. However, it is impossible to measure the effect of coercion on

    outcome before a better validated and operational concept of coercion has been developed.

    The contribution of the Nordic study, with 13 settings in five countries, will hopefully

    improve the methods for registration of formal legal coercion and develop new knowledge

    about what constitutes the concept of coercion, as well as determinants for variations in

    perceived coercion.

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    Paternalism and autonomyIntroductionHow can coercion be measured? Conceptual and methodological issuesWhat is coercion?How to measure subjective dimensionsMeasures of perceived coercion and related conceptsThe MacArthur Perceived Coercion ScaleChanges in perceived coercion over time

    Paternalism and Autonomy-A Nordic Study on the Use of Coercion in the Mental Health Care System: Aims and general designLevel 1: How is paternalism (the use of coercion in the mental health care system) justified? Value conflicts and legal regulationsLevel 2: Reliability and validity of public statistics on civil commitmentsLevel 3: Patients' perceived coercionThe Nordic Admission InterviewThe global score for perceived coercion

    Experiences with the use of the Nordic Admission Interview

    Preliminary results and implications for further researchConclusions and importance of the studyReferences