This article will begin with a brief description of ECT. Those less interested in the medical aspects may ignore this section. Such information could be important to an attorney, however, especially in an ECT malpractice action or other direct dealings with an ECT patient. The existing California regulatory scheme of ECT will be detailed, followed by constitutional arguments regarding the review committee, risk disclosure, and substitute consent provisions of these laws. It is the purpose of this discussion not only to provide the reader with an introduction to the California ECT laws, but to argue that such laws are a valid and important means of protecting the mentally ill.
The Regulation of Electroconvulsive Therapy in California: The Impact of Recent Constitutional Interpretations, 18 Golden Gate U. L. Rev.