Why Psychiatric Informed Consent Needs a Stronger Legal Standard, Not Just a Clinical One
Informed consent as a legal standard should assure that patient autonomy never rests on professional opinion alone.
Ellen Lubensky, Esq., is an attorney and mental health reform advocate working at the intersection of law, patient rights, and psychiatric care accountability. With over 20 years of legal experience—including work in Social Security Disability and medical malpractice—she brings a legal-first lens to a space typically dominated by clinicians. Her mission is to increase transparency, accountability, and informed consent in psychiatric treatment, with a particular focus on the risks of benzodiazepines and antipsychotics, misdiagnosis, and the lack of withdrawal support.
Informed consent as a legal standard should assure that patient autonomy never rests on professional opinion alone.