Saturday, September 3, 2016

Garth Daniels - and - U.N. International Covenant on Civil and Political Rights

"Our lives begin to end the day we become silent about the things that matter"


..."A violation of Article 7 of the International Covenant of Civil and Political Rights. Transferred to a Forensic Hospital for protection(sic)without having ever committed a crime or having been found guilty in a court of law... incarcerated with rapists, murderers and those found guilty by the courts... placed in seclusion for fifty-five days... given a cocktail of prescriptions drugs...and intramuscular injections. The jaw is broken... the zygomatic arch...

Next a University Teaching Hospital...you are shackled to a bed in four point restraint for nine weeks... given intramuscular injections which causes akathisia [inability to sit or stand still, also known as restless legs syndrome- see Sachdev]. Then given a drug to prevent deep vein thrombosis (DVT) - causing itching and hives on the skin - which you cannot scratch because you are shackled to a bed... What they don't tell you is that the DVT drug is actually to prevent DVT caused by the intramuscular injection drug Acuphase - given to 'cure' your violence.

Then because of the violent reaction of akathisia you spit and scream at staff - you are labelled violent - then your carers are told you are in a life threatening situation - you need to be released from restraints. And, the only way you will be released from restraint is to be shocked - SHOCKED with an electrical current to your brain to quell your violent behaviour which they attribute to your chronic condition they call treatment resistant schizophrenia... Never considering the fact that its the iatrogenic effect of the drugs.

You are beaten up by another patient… who breaks your arm and your finger when you are allowed out of restraint - they call Code Black - police arrive - they shackle you to the bed again . No one asks you what happened - they just assume its you because you are labelled violent. You are given a further blood clotting prevention drug in your stomach (clexane and fragmin )- but, you bleed from the wounds inflicted by the patient - who at this stage is discharged...

We will stop the ElectroShocks if you agree to clozapine...You are told... You refuse to consent... they lodge an application to the Mental Health Tribunal... Twelve more shocks... It appears they will continue to shock you until you agree to consent. The thrust of course is that after more than one hundred ElectroShocks your mind is dulled...then you are told they want to lock you away and give you clozapine.

But, you protest... I have a heart condition... clozapine affects my immune system...can cause agranulocytosis... Its ok they say we will monitor side effects... that's why we need to keep you in hospital for 18 weeks... so if your immune system fails or you get a heart attack you are already in hospital. But, no I don't consent! You protest... I'm under duress... but, the shocks continue.

Dr.Anthony Cidoni of Monash Health and Paul Katz of Eastern Health each declare the other responsible for your treatment. You are transferred from Eastern Health to Monash Health... You are under the jurisdiction of Monash Health but treated in an Eastern Health Bed... therefore, Eastern Health is responsible for your treatment you are told... Your Medical Power of Attorney and Allied person ( Nominated persons) and advocates grapple in the Supreme Court of Victoria to ascertain which doctor/psychiatrists bears the responsibility of your treatment.

Quietly, you extricate yourself from the debacle of which doctor... Your parents home is raided by the police... they learn that you have left the state.

No more shocks, no more being tied to a bed, no more torturous akathisia... you are free. Three months later there is an emergence of the traumas... A short spell in hospital and you are out free again. Then PTSD raises its head as you relive the experiences and find yourself once again on a dreaded ITO (Involuntary Treatment Order). You are assured there will be no ElectroShock you have a sigh of relief... then out of the left field you are forced the prescription of clozapine...sprayed into your mouth under extreme duress.

You have a right to life...your resistance is repelled by physical force and you respond under duress. Now you are charged with assault... You no longer resist but continue to inform that you are under duress and DO NOT CONSENT... Because you know this drug is extremely high risk... You are kept in high dependency locked ward... You are told your clozapine levels have not yet been reached...BUT, you never told what level needs to be reached. You wonder is it empirical or experimental?

NOW your treatment appears sanctioned under the direct auspices of the Government of the State of Queensland... Without informed consent,clozapine is forcefully sprayed into your mouth with a syringe ...cruel, inhuman and a violation of your human rights."



Sunday, January 24, 2016

Garth Daniels : Deja Vu - Zyprexa-Guardianship-Incarceration & the Photographer

ZYPREXA

a picture is worth a thousand words
Who was it who said if you continue prescribing the same thing over and over again ...?
Above and below the extent of the Olanzapine prescribed for Garth.


now its just more of the same old same old

the Olanzapine ( Zyprexa Zydis) previously prescribed has now again been prescribed
...if you don't succeed just try and try again...


THE GUARDIAN

Associate Professor Paul Katz, Director of the Clinical Programme at Box Hill Hospital's Upton House has now lodged an application with the Victorian Civil And Administrative Tribunal to remove Garth's Power of Attorney (Medical Treatment) and Enduring Guardian.    Paul Katz has applied to have a Guardian appointed and to have Garth Daniels sent to a Secure Extended Care  Unit.(SECU).


INCARCERATION
a truncated history-ITO- Involuntary Treatment Order 
1996 - 2016
Adverse Drug Reactions and Mismanaged Care

    • ...Treatment emergent NMS ( Neuroleptic Malignant Syndrome.)
    • ... Grand-Mal & Petite Seizures
    • ... Assaulted by co-patient -fractured zygomatic arch ( Jaw).
    • ... Assaulted by co-patient - eye  injuries
    • .. 55 days in seclusion (prescribed more than two drugs- polypharmacy
    • ....strapped to bed for 69 days.
    • ...forearm fractured by co-patient.
    • ....little finger broken by co-patient.
    • ...Code Blacks ...  
    • ...ECT -Shocked more than sixty times - without consent.
    • ...Code Blue - three days in medical ward.
Who is dangerous... the Lab Rat or the state of psychiatry?...
-------------------------------------------------------------------------------------------------------------------------       

Garth Daniels the PHOTOGRAPHER not the Lab Rat.
from a collection of Garths Album. 




"The opportunity to use the camera to re-invent everyday objects as items of beauty and wonder excites me". G.D.





                                                                             Wonder








Birds of a feather



                                                                                                  Flock together
            A moment in time 
                                                                                                              




                                                                                                That's it for a day!
















Monday, July 20, 2015

Garth Daniels - and - Monash University Teaching Hospitals


"...Whether true or not the fact that the patient is in litigation and being treated in the same hospital is a conflict of interest."  A recollection of the words of a Justice of the Supreme Court of Victoria, Australia. 2008
                                                                ----------------------
The acronym HREC is an interesting one for it stands for Human Rights and Ethics Committee.
Here is an extract from Ethics Committee Approval Collaborators.
"The Alfred- Karen Hirth et al; Austin Health-Dr. James Oliver ; Southern Health - Dr. Saji Damodaran; Thomas Embling- Dr. Ann Brennan; Eastern Health- Assoc.Prof.Paul Katz;Peninsula Health - Dr. Sean Jespersen; et al..."



"A case-control study to identify risk factors for myocarditis with clozapine.

....  In Australia, 264 cases of myocarditis with clozapine were reported to the Therapeutic Goods Administration (TGA) up to the end of 2008, and 26 reports have been received in New Zealand.  6% of the Australian cases were fatal...

... study involves identifying cases of myocarditis at the psychiatric units around Australia and New Zealand and matching each of these to four control patients who have also been treated with clozapine at the same psychiatric unit but without developing myocarditis.  We will then obtain as much relevant information as we can about these patients, including age, sex, race, smoking status, use of illicit drugs, concurrent disease, other medication and dose of clozapine each day.  Where we are able to contact the patient and they give their consent, we also plan to take a blood sample so that we can look for a genetic marker for myocarditis.
We are hoping to include about 200 case patients and 800 controls

The data will be analysed to look for factors that occur significantly more frequently among those with myocarditis than those without."
Source: 2010 Monash University [ABN 12 377 614 012], M8 Alliance Group of Eight Australia. Maintained by Webmaster@med.monash.edu.au-Accessibility information.

Garth Daniels has REFUSED CONSENT to Clozapine



  

--------------------------------------------------------------------------------------------------------------------------

2015- Maroondah 

Sixty nine days strapped to a bed... a Monash University Teaching Hospital. This surely would not have ethics approval would it? Is this possibly in violation of the International Covenant on Civil and Political Rights? 


[actual photograph]


Is public service psychiatry in the State of Victoria Australia in a state of anarchy?  The new 
Mental Health Act 2014 (Vic) would appear to negate this assumption.  There is a Mental Health Tribunal which is automatically triggered when a patient is admitted and placed under a Temporary Treatment Order (TTO) and reviews that patients status.

It is assumed that this process is there to monitor and oversee the well-being of the patient, review the criteria for inpatient status and where a question of law arises under the Mental Health Act 2014 (Vic) adopt the following protocol:-

Section 196 Questions of law.

"A question of law ( including a question of mixed fact and law) arising in a proceeding before the [Mental Health]Tribunal must be decided by the presiding member".

OR

Section 197 Referral of question of law to Court

 "...(2) A referral may be made ...on application of a party to a proceeding before the Tribunal..."

WHAT IF, a presiding member decides to answer a question of mixed fact and law without recourse to the Trial Division of the Supreme Court?  WHAT IF the President decides that questions of law have never before been referred to the Supreme Court?

Does this imply that the Tribunal may act Judicially?  Can the President of the Tribunal rule on a question of law simply because "that" particular question is believed to not invite interpretation by the Trial Division of the Supreme Court?  Conversely...  


  ..".(3) If a question of law has been referred to the Trial 
          Division of the Supreme Court, the Tribunal must not-
          (a) make a determination to which the question
              of law is relevant while the referral is pending; or

          (c) proceed in a manner or make a determination
              that is inconsistent with the opinion of the the 
         Trial Division of the Supreme Court on the 
             question."

WHAT IF, such circumstances where the interpretation of a question of mixed fact and law is not referred?  What could be the likely implications for the patient where the request is denied?  Does this require a Writ of Certiorari or an Originating Motion?  Who pays? Who suffers?  These scenarios are worth exploring... for it is quite possible for this to occur.. or is it not?

The Mental Health Tribunal may explore these scenarios as such a situation under the current legislation is possible.

-------------------------------------------------------------------------------------------------------------------------
2015 - Upton House Box Hill Hospital
       In a period out of restraints Garth Daniels was without  
  provocation attacked by patient with a knuckle duster 
(metal instrument) ... Garth Daniels right forearm was broken.

The immediate assumption was that Garth Daniels initiated the incident and as a result Garth Daniels was again strapped to the bed.

 [actual photographs]

Garth Daniels left little finger  was also broken... surgery took place several days later.  It was also later established that the other "patient" perpetrated the assault and was subsequently discharged from the ward. 




                                                    
 In attempts to reduce the feelings of inner restlessness and to attempt to scratch himself... a result of the allergic reaction of the Clexane/Fragmin ( causes Garth's to itch)... movement restricted so the scars on the forearm reflect pressure of the restraints on the skin.
 [actual photograph]


 Of course, the paradox is that the restlessness appears to be interpreted as an emergence of psychosis "exacerbating"  "aggressive" and "violent behaviour...".  Spitting at staff and screaming at them and verbal abuse...  How else do you prevent yourself from being further frustrated...?

No mention of Akathisia possibly attributed to intra-muscular injections of Zuclopenthixol (decanoate) or similar compounds of Acuphase (clopixol), is there?   

[ actual photographs]



Acuphase seems to be paradoxical in that it was administered to Garth presumably to promote sleep   and reduce anxiety but appeared after frequent administration to create an inner restlessness ...  (inability to sit still)in clinical terms defined as Akathisia.






Criteria for compulsory treatment. Chronic schizophrenia, treatment resistance ... [not resistant ]noun the refusal to accept or comply with something...  the criteria for Clozapine is to be TREATMENT RESISTANT. The label "treatment resistance is used particularly to refer to patients whose positive symptoms of schizophrenia ( including delusions and hallucinations have not responded to treatment.  Medical Journal of Australia).

Pantelis C, Barnes TR. Drug strategies and treatment resistant schizophrenia. Aust N.Z.J.Psychiatry 1996; 30:20-37 [Pub.Med] 
Kane J.M. Treatment restant schizophrenic patients. J.Clin.Psychiatry 1996;57 (suppl.9); 35-40 [Pub.Med]

So, therefore, Garth Daniels does not eet criteria for "treatment resistance"... Garth is not currently psychotic, deluded and hallucinating...

... in a meta analysis, clozapine rated above other second generation anti psychotics on two out of three measures of efficacy plus overall symptoms and was second only to AMISULPRIDE ... for quality of life ( Leucht et al 2009). 

N.B.  Garth Daniels is currently on 300mg Amisulpride ( mono-therapy ).

---------------------------------------------------------------------------------------------------------------------------

   





Tuesday, March 31, 2015

Garth Daniels - " CODE BLACK "

What is CODE BLACK?   In its plain overt sense it is a silent code signifying serious personal threat ( Police Assistance Required) written up as policy in the event of serious incidents of aggression and violence.  BUT, is this really necessary in a hospital psychiatric ward?  The following is an extract from just such a policy;
Quote:
  • " Serious incidents of aggression and violence beyond the control of the Code Grey team.( i.e. hospital patient security staff)
  • Armed (with a weapon or using an object as a weapon) or unarmed person threatening serious injury to self or others.
  • Person armed with a prohibited weapon/s, controlled weapons or dangerous articles who will not voluntary surrender their weapons...
  • Hostage Situation
  • Hostile Intruders
  • Illegal occupancy."
 Unquote.
Serious incidents of aggression and violence... a patient suffering mind altering drug(MAD) prescriptions, the effects of which give rise to aggression and violence so often denied. But, that is not at question here what is important is which branch of the police force responds.

Being privy to three "Code Blacks"... this is what was witnessed.  Rapid Response Team at one, Dog Squad at another along with your highway patrolman, police on the local beat and leading constables and Sergeant...  How would you respond to such a call " CODE BLACK?"

Whose MAD here the policy makers or the MAD patient?  Equating a psychiatric patient as a possible "Hostage situation? Hostile Intruder? Armed with a weapon?Serious incidents of aggression?"  Do we really need a CODE BLACK for a Psychiatric Ward?   What if the code black was initiated for you; you who entered hospital to seek assistance with your delirium or psychosis?

Whats happened to humanity or is this just another facet of mans inhumanity to man for the sake of humanity? Australia is signatory to the Helsinki Declaration.. the International Covenant on Civil and Political Rights and then there is the Hippocratic...  FIRST DO NO HARM.
 

Thursday, February 12, 2015

Garth Daniels - Duty of Disclosure

"...Human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom..."
                                  Parliament of Victoria Australia. initiated in Assembly 2 May 2006. A Bill.


                                                                       Garth
                                                              September 2014

...
 These are the fundamental principles which would be expected in any democratic and inclusive society... except somehow in the discipline of psychiatry within this State of Victoria, Australia, Mental Health ... it appears there are psychiatrists who consider themselves exempt with respect to some if not all of these Human Rights.

The International Covenant on Civil and Political Rights - Article 7 states that "No one shall be subjected to torture to cruel, inhuman or degrading treatment or punishment.  In particular, no one shall be subjected without his FREE CONSENT to medical or scientific experimentation".

The new Mental Health Act 2014 of the State of Victoria makes provision for a patient to prepare an Advanced Directive and to assign a Nominated Person to exercise his rights under the legislative provisions should that person become incompetent.  These fundamental principles were ignored despite the psychiatrists treating Garth being made aware of it.

Perhaps the attention of those psychiatrists should be drawn to the Crimes Act of this State of Victoria... in particular that :-

"A person who -without lawful excuse, administers to or causes to be taken by another person any substance which is capable, and which the first mentioned person (is made aware) knows is capable, in the circumstances, of interfering substantially (a potentially fatal allergic reaction) with the bodily functions of the other person; and...

knows that the other person has not consented to the administration or taking of the substance or is reckless as to whether or not the other person has so consented - is guilty of an indictable offence. Penalty 5 years imprisonment."

After being discharged from hospital late last year and actively participating in the community some minor adjustment due to clinical reasons were necessary to Garth's prescriptions; and, he voluntary re-admitted considering that any adjustments to his prescriptions (on the advice of his psychiatrist in the private sector) would be better facilitated in hospital.

Garth and his parents both considering that his prior admission to Eastern Health had been so very successful and  attendant care of the nurses exemplary - assumed this to be a viable proposition. What was to follow prompted these references to Human Rights, the Mental Health Act and the Crimes Act.

Garth's voluntary admission to seek adjustments to his drug prescriptions in a controlled environment while met with some trepidation, was without major incident... Garth willingly accepting to be strapped to a bed rather than be held in isolation/seclusion in a room which is locked from the outside and, in the past caused Garth to being claustrophobic. Besides which allegations of Garth being violent appears to be systemic despite evidence to the contrary with no cognizance of the iatrogenic effect of polypharmacy.

However, nine weeks strapped to a bed and being injected with a drug that gives rise to akathisia (inner restlessness - inability to sit or stand still)... and to a patient who is prone to treatment emergent Neuroleptic Malignant Syndrome (NMS) can be fatal and may be only described as absolute torture. Particularly, when the patient is unable to move freely and is compliant with oral medication... Voluntary admitting to hospital and then finding himself strapped to a bed...indefinitely. 
  



Now at Eastern Health  it appears that all the legislative safe guards of Parliament which ensures the rights of patient in particular, the patient's right to consent and that the patients wishes be taken into account in relation to Garth, have been railroaded yet again... despite the new Mental Health Act 2014.

A return to polypharmacy (combination of prescription drugs) and intra-muscular injections... a potentially fatal injection which is in direct conflict with the oral prescriptions and mono therapy initiated and implemented by a consultant from Eastern Health; whose successful treatment is  negated by colleagues within the same mental health service.

It is four months since that admission and only recently Garth has been released from being strapped to a bed.  Garth had deteriorated and showed little improvement since the reintroduction of an intra-muscular injection as part of Garth's treatment, with a concomitant exacerbation of side effects ... akathisia, cog-wheeling, tardive symptoms, Parkinson like tremor and a state of delirium.

The current treating psychiatrist Dr. Andrew Cheong considers that Garth has showed substantial improvement since commencement of the intra-muscular injection.(see footnote*)

Foot note:

Garth on 12 February was given another depot intra-muscular injection despite his refusal and that of his nominated person to consent. Garth is prone to treatment emergent Neuroleptic Malignancy (NMS).   Today,(15 February 2015) Garth is back in four point restraint strapped to a bed. 

Are psychiatrist not aware that when the injection reaches the body water table it causes adverse drug reactions?  This patient has the right to claim having his own PhD in regard to how the drugs affects him adversely... after all he has been treated by some 250 psychiatrists within the State of Victoria Mental Health System. What has been the outcome?

* 2 March 2015 Dr. Andrew Cheong ceased prescribing Zuclopenthixol (Decanoate) aka Clopixol Depot Injection...But, Clopixol Acuphase (a short acting injection) continues to be administered as a "prn".