Social Media Discovers Managed Care and Rages - Or Not?

I watched TMZ last night and they were fascinated about the homicide of Brian Thompson the CEO of United Healthcare in New York City the night before.  The hosts could not approach that topic directly so they brought on Taylor Lorenz who they described as a social media expert.  She made some posts about healthcare companies.  She claims that the “entire internet left and right” was united in celebrating the death of this CEO because “Somebody stood up to this barbaric, evil, cruel violent system.”  Her rational is that if you see a loved one die because an insurance company denied care it is natural to want to see that person dead and this is not advocating homicide. It is a justice fantasy.  She went on to say that United Healthcare has murdered tens of thousands of Americans by denying healthcare.  She sees this as a revolution and it is a problem that should be addressed without violence.  She suggests letter writing and possibly politicians and journalists getting a clue and seeking to correct this imbalance. 

I have been aware of United Healthcare for at least 30 years.  They are renowned in Minnesota for their initial emphasis on not funding psychiatric care and moving on from there.  Physicians like me have been railing against United Healthcare and other managed care companies for decades.  And nobody - and I mean nobody cares. No politicians, nobody in the media, and nobody in physician professional organizations.  There has been an occasional activist state Attorney General suing these companies into a temporary correction that they can easily wait out.   The American Medical Association just recently came out against prior authorization one of the main forms of managed care denial – just a few years ago.  It has been in place along with utilization review – the other main form of denial for at least 40 years.

These business practices have transformed the practice of medicine into a high productivity and low-quality enterprise where medical judgment is replaced by the judgment of middle managers with no medical training and company profit in mind. Physicians have been displaced in their roles in managing the treatment environment and now it is staffed by business people concerned only about the bottom line. If a company decides it is not going to cover a medication or a procedure or a hospitalization – the general message to the patient is “you are out of luck.”  I worked at the same hospital for 22 years and during that time we went from providing care to anyone who walked in the door to care based on businesses telling us what to do.  At one point to make things less contentious (and after we were bought out by a managed care company) – the external review was replaced by the same kind of decisions made by internal staff.  Some physicians became "managed care friendly" in order to move up the corporate ladder.

How did these organizations get so much power over healthcare?  A lot of it depended on lying to gullible politicians.  The original sales job was that physicians were just too expensive.  They order too many tests.  They were going to close down or buy out the expensive specialists and greatly expand primary care.  That primary care expansion would lead to more prevention and reduce the overall costs of medicine. But once these organizations were granted all the power they wanted, they began acquiring specialists and providing their own specialty care.  They also greatly expanded middle management to micromanage staff and basically tell them to work harder.  The result is a system that is much more expensive rather than more cost effective.  Shareholder profits and CEO salaries require a lot of denied care to fund.  This article about the company is an indication of the amount of money that we are discussing. We are talking about executives that are making tens of millions of dollars in an organization that rations health care.

Of course, people are angry about the situation of rationed health care. But it is more about how things are organized and all the associated politics. I think we can all agree that there do not seem to be many bright politicians out there and that low bar took an even more precipitous drop in the last election. Even managed care companies know more than to ration vaccines or give everyone hydroxychloroquine for COVID.

 Politicians have invented this system at every step of the way and made it impossible for the average citizen to get any satisfaction when their health care is denied. Federal and state governments both side with healthcare companies to support the denial of care and (incredibly) indemnify them from liability when their denials result in bad outcomes.  Death is just one of many bad outcomes. 

The press does not get it. I am tired of writing about it for physicians.  The only bright idea that group seems to have come up with is not contracting with these companies and either charging cash or asking the patient to seek their own insurance reimbursement after paying their bill. This obviously has limited application and doesn't work if the patient needs more resources like operating rooms or rehab facilities.  So - Ms. Lorenz’s solution of writing letters certainly will not work.

Some news services seemed to connect a policy reversal by Anthem Blue Cross/Blue Shield (ABCBS) to the homicide. Some of the original stories claimed that anesthesia time per procedure would be limited and the patient might need to pay the balance. Subsequent stories state that the insurance company planned to pay the time allotment indicated in the estimated relative value units (RVUs) for the surgery.  They claim their reversal was based on misinformation. RVUs are another form of rationing – paying only a set amount irrespective of the complexity of the case.  It is another way that psychiatric services were also rationed by reduced reimbursement.  In some cases, it leads clinics to stop seeing all the patients from a particular insurer based on low reimbursement to the physicians and providers.  Lorenz posted a caption of the ABBCBS story with the additional line:  ‘And people wonder why we want these execs dead.'     

This is the state of medicine in the US today. We have just had an election that puts the most rational parts of the fragmented healthcare system (the ACA or Obamacare, Medicare, and Medicaid) at risk.  The party in power espouses gun extremism and uses political tactics that direct violence and aggression toward specific individuals or groups. The party in power favors the top wage earners rather than production or knowledge workers. That includes large healthcare conglomerates that all function by rationing care and access to medications and procedures. And in that context, we have a social media expert claiming that we now have bipartisan rage against these health care companies who have murdered tens of thousands of people by denying their care.  I certainly know many people who have been harmed by the denial of care.  In some cases, I spent hours advocating for them and trying to get the care they needed but I was simply ignored.   

At this point, the crime is being analyzed like it is just another true crime TV show. Endless analysis about the perpetrator’s behavior and possible motivations.  It is all highly speculative but made as controversial as possible.  All the analyses I have seen so far seem way off the mark – but I am not going to add mine at this point.  I am more than a little suspect about all the social media rage. Is it real or just generated by a few provocative trolls?  Will it lead to a typical Congressional show hearing where members manufacture outrage and nothing changes. One thing is for sure – the current state of events is not a good sign.  It is a sign of just how corrupt, ignorant, and not self-correcting the American political system is - and just how much those politicians collude with businesses.

In the end, Americans end up paying top dollar for a healthcare system that may refuse to treat them, an airline system that may refuse to fly them, a financial system with excessive charges and minimal interest payments on savings, and a system for workers that disproportionately pays the people who do not do any of the brain or physical work.  Is it any wonder that 4 people in the US possess more wealth than 50% and that 50% are essentially left hoping for changes that never come.

 

George Dawson, MD, DFAPA

References:

Jeremy Olsen.  Shooting of UnitedHealthcare CEO revives criticism of company’s medical claim denials.  Some mourn the shooting of chief executive but still have scorn for the insurance company he ran.  StarTribune.  December 5, 2024.  https://www.startribune.com/why-unitedhealthcare-is-a-four-letter-word-to-critics/601191492

 

Addendum:

As any reader of this blog can attest – I do not consider homicide as a solution to any problem.  The two main features of homicide that I consistently observe on this blog is homicide as a primitive value and a primitive solution.  It has no place in civil society.  In the anthropological literature homicide as a solution dates to prehistoric times when minor conflicts escalated from individuals to entire villages.  Modern man has not uniformly progressed very far as evidenced by every active war in the world right now and ever.  The shooting of Brian Thompson is no exception. Given everything, I have listed in the above post – it changes nothing.  It was a cowardly, immoral act, and unlawful act. I hope that the perpetrator is caught and punished.  I hope that the privacy of Brian Thompson’s family is respected.  

Lessons In Political Violence

 

I got tired of waiting for the American free press to provide an analysis of political violence in the country.  It is a huge omission in day-to-day discussions of the coarsening of American politics.  I was prompted to think about it as I was out driving around today listening to stories of election officials being threatened and manipulated as the federal election approaches, some to the point that they will no longer do the work that they have been doing for years. In a long-standing democracy why is this not front-page news?  Where is the analysis of the problem?  Who has an interest in suppressing the vote and why are they continuing to do this?  At the same time, I heard about a poll today saying that most Americans will not trust the election results – even though they are the most secure at any time in history and there is no evidence of suspicious activity.

Elections are not the only places where political violence is acted out in the US.  Abortion clinics – even during the days of Roe were places where women were harassed and doctors were shot and killed. Schools, teachers, librarians, and school board members are targets for similar politics with threats, work exhaustion, and ultimately moral injury when they are shouted down and threatened for doing the work that they are trained and licensed to do.  Public health officials are attacked for providing the best possible public health advice just because some politicians don’t like it or need to cover their own incompetence.  Since when is it acceptable for politicians to be inciting this level of violence against competent citizens with high levels of competence – who are just doing their jobs?   

Before proceeding I will define what I mean about violence.  The same people who incite it frequently minimize it after the fact using the rhetorical sleight of hand: “It is free speech and I can say whatever I want to say.”  Without invoking the famous Supreme Court quote – let me provide a little detail about definitions.  First, violence or aggression does not require physical act.  Aggression has components that occur on a strictly verbal level and aggression toward property or inanimate objects as well as self (2).  If you have ever witnessed any of those forms of aggression, you know why it is important.  It has a direct impact on you that can be long-lasting. Threats alone can significantly affect your sense of physical and mental well-being. Many states have terroristic threat statutes that can result in legal action before any physical contact occurs (see Minnesota statute below). Threats alone are a signal that physical aggression may occur and in many states it can result in visits from the police, orders for protection, and in the case of mental illness – involuntary holds and civil commitment. Interestingly, the political violence I described typically results in the victims trying to protect themselves.

What does interpersonal violence look like?  On a verbal basis it can be angry shouting like we have seen many times in televised school board meetings.  That can include name calling, personal insults, and profanities.  As the verbal aggression increases the insults gets worse to the point of threatening physical violence. That is evident in routinely televised road and customer rage incidents.  Whether it culminates in physical violence or not is not the point. For years the police tended to ignore verbal aggression and operated on the basis that the only type of aggression that counts is physical aggression.  Over the past 20 years there has been a more enlightened approach since verbal aggression is harmful and predicts physical aggression.  That has been associated with domestic violence and terroristic threat statutes.  In the main areas I have discussed the violence has increased to the point that the Department of Justice is aware of it and successfully prosecutes cases (3,4,5).

Social media has become another source of aggression and interpersonal violence. The popular press documents an explosion of hate speech on X (formerly known as Twitter) while the new owner Elon Musk denies it and claims to have reinstated both right wing and left wing posters as a "centrist".  In the meantime academics debate the definition of hate speech (6) but were still able to find 91 papers written about it on Twitter alone.  Violence and hate speech are probably best analyzed on a case by case basis and in my estimation there is no better example than the last two chapters of Anthony Fauci's book On Call (7).  In it, Fauci clearly describes how providing the best possible public health advice to the White House angered President Trump and the non-experts he hired to manage the pandemic. Fauci was politically scapegoated, derided by other Republicans and MAGA, terrorized at work and home, and ultimately threatened with incarceration for providing historically outstanding public health service to the American people.  MAGA politicians are still threatening to incarcerate him even though he is retired.  I encounter people to this day who "hate" Dr. Fauci - not based on any semblance of reality but the gross misinformation provided to them by MAGA.  That entire sequence of events flowed from Trump's anger that the scientific facts (masking, herd immunity, immunization) did not fit with what he wanted to tell the public.  This is exactly how political violence occurs.  

From a political standpoint, this violence and aggression is often rationalized as “free speech” and it is not.  Violence is often rationalized as the absence of physical contact.  That really minimizes the impact of significant unprovoked threats that can include threats to bodily integrity.   The current elimination of gun laws makes some of these situations even more dangerous.  To cite one example, there was an armed protest in front of a director of public health’s home and in this case the police did nothing.  How would anyone feel about have a group armed with assault rifles outside of your home saying there will be no violence “for now” because you are doing your legal job.

What I find missing from most of these discussions is the overall cause.  I do not think there is any doubt that it originates with one party or more specifically movement and their aggressive rhetoric essentially because they have no useful policy. That is as obvious as the continued denials of the 2020 Presidential election results and the high percentages of people polled within that party (88%) that have doubts about the current election.  We have seen the effects of their propaganda, repeated lies, and political violence on these systems and it is completely unnecessary.  It also causes significant degradation of these systems when long time competent professionals leave because of the threats and harassment.  

Political violence in the US is quite literally the elephant in the room.  And it is time to start talking about it that way. Where is the press with this analysis?

 George Dawson, MD, DFAPA

Supplementary 1:

I decided to include the current Minnesota terroristic threat statute as an example. Note that physical violence is not necessary.  I am no attorney but carrying assault rifle and saying that you are not going to commit violence "yet" would seem to be an indirect threat of violence.  

Supplementary 2:  My wife and I voted at City Hall today.  It was technically an "in-person absentee" ballot.  The process was identical to the one 4 years ago.  We provided several levels of ID including - Driver's License number, address, phone numbers, email address, and Social Security Number. The election official was separated from us in a separate room and all discussion occurred through a heavy glass window with a portal.  We presented an identification form.  When that information was confirmed the election official printed a label with verification that was affixed to the top of our ballots. We were advised to complete the ballot - seal it inside 2 envelopes using tape provided at the voting stations and then return it to her.  When we returned the ballot she personally signed each ballot with her name and address.  There was no public access to a ballot box or voting machine and the entire process was airtight.  I did notice that Robert F. Kennedy, Jr. is still on the Minnesota ballot along with several other third party candidates.

Supplementary 3:  Former President Trump's ad in 1989 directed at the Central Park 5 is another good example of political rhetoric obscuring the facts.   In this ad he discusses hating the suspects and wanting them executed.  They were subsequently exonerated based on DNA evidence and won a $41 M lawsuit against the city of New York for malicious prosecution.  

https://www.documentcloud.org/documents/6131533-trumpdeathpenaltyad05011989

Supplementary 4:  Updated graphic to include a number of false attacks on the Biden Harris administration and their handling of hurricane emergencies.   Many were ultimately refuted by Republicans including Republican Governors.  First responders and aid workers were described as demoralized.  This occurs two weeks after Elon Musk commented that  "no one is even trying to assassinate Biden/Kamala"  Musk subsequently said he was joking and removed the comment from Twitter but said he would not retract it.  The White House condemned it for condoning political violence.  In an age where you can not joke about bombs or terrorists on airplanes "jokes" about assassination should obviously be out of bounds.  I have seen people interrogated by the Secret Service for similar comments.   

  

Addendum:  There are so many of these incidents of violence out there I decided not to try to reference them all.  They can easily be found by Google searching the main heading like "election worker violence" and secondary elements.  You will get a lot of references and very little attribution to the political cause other than "divisiveness".   That word in itself should be telling because it is one of the main strategies of one party. 

References:

1:  Meghna Chakrabarti.  On Point.  "Elections officials endure protests, death threats. Here are their stories."  https://www.npr.org/podcasts/510053/on-point

This is the radio program I heard this afternoon.

2:  Yudofsky SC, Silver JM, Jackson W, Endicott J, Williams D. The Overt Aggression Scale for the objective rating of verbal and physical aggression. Am J Psychiatry. 1986 Jan;143(1):35-9

3:  USDOJ Election Threats Task Force:  https://www.justice.gov/voting/election-threats

4:  USDOJ.  Justice Department Addresses Violent Threats Against School Officials and Teachers

https://www.justice.gov/opa/pr/justice-department-addresses-violent-threats-against-school-officials-and-teachers

5:  Fraser MR. Harassment of Health Officials: A Significant Threat to the Public's Health. Am J Public Health. 2022 May;112(5):728-730. doi: 10.2105/AJPH.2022.306797

6:  Mansur Z, Omar N, Tiun S. Twitter hate speech detection: A systematic review of methods, taxonomy analysis, challenges, and opportunities. IEEE Access. 2023 Jan 25;11:16226-49.

7:  Fauci A.  On Call: A Doctor's Journey in Public Service.  New York, New York: Viking, 2024: 374-455.

We Need A Model Terroristic Threat Statute

 

Over the past ten years of writing this blog, I hope that I have been clear about a few things. First, violence and aggression are complicated problems. Most of the political arguments out there today focus on peripheral issues like gun violence. In a country of gun extremists – there will always be excuses for why there is so much gun violence.  A common one is that there are mentally ill people with guns.  Some of the gun extremists have gone so far recently to suggest this is due to a crisis of untreated mental illness. Nothing is further from the truth.

Second, people with mental illness can be violent and aggressive. In political arguments where violence and aggression is being attributed to mental illness it is common to deny it. In a Community Psychiatry seminar 40 years ago – my position was “people with mental illness are no more violent than anyone else.”  My 40 years in the field has taught me that looking at violence across large groups is meaningless. In the acute care setting where I worked many if not most of the patients I treated were there for violence against others or self-directed violence.  Some were aggressive toward me and the staff I worked with – with some threats that persisted well after any hospitalization.

Third, violence and aggression can clearly be treated in many if not most cases, especially if it is a manifestation of acute psychiatric illness. Despite that being common knowledge in acute care settings – there is no effort to characterize it as a public health problem like suicide. There are no public service announcements about what to do if you have violent or aggressive thoughts. No hopeful messages that you do not have to act on any of those thoughts and that you can get help to restore your baseline thought patterns.

Fourth, violence and aggression are stigmatized in society. Most people at some point in their lives have been bullied or traumatized by other forms of aggression. In the US, incidents of extreme violence and aggression are commonplace in the daily news. There is a fascination with true crime television and documentaries about serial killers. The media seems preoccupied with discovering a “motive” for these crimes.  Apart from the usual sociopathic motives of intimidating and injuring people to get what one wants – motives are generally lacking. In fact, I would go so far to say that in the homicide cases broadcast on television the limiting factor was the availability of a firearm. In other words – no homicide would have occurred if a firearm was not present. The resulting stigma toward aggression, leads to biases toward patients with psychiatric illnesses who are violent because of those illnesses.

Fifth, there is a limited rational response to violence and aggression even if a public health response is ruled out. This occurs daily. There has been no clinic or hospital where I have worked where I have observed a well thought out plan to respond to these incidents even though aggression toward health care workers is a current epidemic. There are plenty of errors along the way whenever an incident occurs in the community. I have had patients who were in the cross hairs of a police sniper until somebody noticed they were pointing a toy gun at the police. Anyone in my field has had people who assaulted them, threatened them and their families, and in some cases that aggression has resulted in serious injury or death. The rate of intentional injury by another person is five times greater in the healthcare industry than all other industries and that rate is ten times greater in the psychiatric and substance use fields. With a healthcare system run by administrators rather than physicians – it is not clear why there are no functional approaches at the institutional level. In the case of the community and the hospital the usual approach is to send the person to the emergency department to see what they can do and if necessary, hospitalize them on a psychiatric unit.  By that time, it is common to see people who have been escalating for days or weeks and the necessary interventions are riskier than they would have been at an earlier point.

In thinking about a more functional response there are two problems – epidemiology and existing laws.  From an epidemiological standpoint there are many studies documenting specific forms of violence and how that individual may have been victimized in the past.  A joint Department of Justice (DOJ) and Centers for Disease Control (CDC) report from 2000 estimated that physical assault and stalking affected roughly 2.9 million women and 3.5 million men every year.  Intimate partner violence affected 1.3 million women and 835,000 men. Getting to the earliest point in that cycle of violence from an epidemiological standpoint seems to be missing.  At least I cannot locate any data.

From a legal standpoint, intervening before there is any physical danger is a highly problematic threshold. And if the necessary statutes exist, there is wide latitude in their interpretation by law enforcement and the judicial system. There has been some progress over the past 40 years but not much.  For example, in the past if a person was threatened – it was common for law enforcement to say they could not do anything because the threat has not been acted upon. That was clearly a suboptimal approach because threats involving lethal force often result in the precipitous application of lethal force. In many cases the lack of a firm limit on threatening behavior encouraged more of it. Contingency based systems also have the tendency to put the responsibility for action on people who have no relationship to the person making the threats.  Even though there has been substantial progress in domestic violence scenarios, it is common for the person being threatened to need to seek a court order for protection and convince a judge that threats or actual violence have occurred. In the case of threats by patients with known psychiatric illnesses, the Tarasoff decision has placed the treating professionals in the position of law enforcement with a duty to inform the person who is being threatened. A clear terroristic threat statute could address all of these issues and provide a path for early intervention.

Since most of my career was in the State of Minnesota, I will be referring to their statutes.  Preparing for this piece, I also read a paper from the University of Pennsylvania Law Review (2) highlighting some of the confusion in this area.  Minnesota, if a health care professional is threatened it is a good idea to inform the police about the threats and present them with any hard evidence (voice messages, emails, mailings, etc).  Laws enforcement who I have dealt with in these situations may refer to the threat as a “terroristic threat”. That is defined in Minnesota Statutes (3) as:

“Threaten violence; intent to terrorize. Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.”

I have highlighted the relevant section of the statute. Minnesota legislation appears to cover both the individual case as well as larger scale incidents that would typically be equated with terrorism.  This statute allows law enforcement to exercise some judgment in dealing with threatening individuals.  For example, they can go to that person and say that if they persist, they will be arrested and charged with making terroristic threats. No other action is required by the person being threatened. In many cases that is a definitive intervention and no further action is required.

The paper by Flanders, et al looks at various scenarios that have occurred in the context of the current COVID-19 pandemic.  Their basic argument is that much of the mayhem created during the pandemic would not reach the legal standard of terroristic threats and if charges were required – they could occur under other statutes such as disorderly conduct or harassment. They are using a standard suggested by the American Law Institute Model Penal Code that includes the following:

“A person is guilty of a terroristic threat if he threatens to commit any violent felony with the intent to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such inconvenience.”  (2)

Note the difference with the Minnesota Statute – there is nothing about threatening with intent to terrorize another.  It is more about violent felonies that disrupt the public.  The authors in this case go on to specify the elements of terroristic threats in their “core case” model as consisting of a credible threat, use of a dangerous weapon, targeting the public or government, and the intention to create a panic or forced evacuation (p. 68).  They illustrate how this model statute has been modified and adapted in other states. I am not a legal scholar but to me – the model statute is missing one of the prime elements of terrorism – the intent to kill and injure people. The way it is written seems to make this implicit and secondary to disrupting the public. The public is disrupted because of their fear of being killed or injured. The Minnesota statute covers both cases by including the element of the individual being threatened.

Whether you are a health care professional or a member of the public, this is the level of protection from threats that is needed. Even then there is no guarantee that there will be a successful intervention by law enforcement. The person making the threats needs to be identified and the police need probable cause to intervene.  I have seen it work well even if no arrests or emergency holds are placed. Most importantly it creates clear boundaries between the police, the person being threatened, and the person who is threatening. The responsibility for action is no longer on the person being threatened.

There are also potential benefits in terms of earlier intervention in the case of psychiatric illnesses associated with threatening behavior.  There is a current awareness that crisis intervention services may be a better early option than the police and that may be a better early intervention.  The epidemiology of threats needs additional work.  My speculation is that there are tens of thousands of people who are trying to live every day with these kinds of threats.  They are a disenfranchised group whose needs have only partially been addressed by domestic violence and civil commitment laws.  A more functional terroristic threat statute like the one in Minnesota could result in early intervention and providing significant relief from that stress.

And finally early intervention can provide relief to many of the people I treated in inpatients settings for 22 years.  They were generally suffering from severe psychiatric disorders and substance use problems. I saw most of them recover to the point that they regretted the aggressive and violent behavior and were appreciative of the treatment they received to resolve that problem. It is easy in our society to view these folks as hopeless and as outcasts – but every acute care psychiatrist knows that is nonsense. The first step in making a societal change is to get the message out that violence and aggression can be treatable problems and earlier treatment generally leads to better outcomes.  More functional and comprehensive laws on aggressive behavior are a part of that.

 

George Dawson, MD, DFAPA

 

Supplementary 1:

A better terrorist threat standard also may also serve to improve the likelihood of early firearms interventions.  Just from news reports the main obstacles seem to be a combination of easy gun access, gun extremist rhetoric, the ability to avoid background checks, legal action to defeat any gun access legislation, and extraordinary efforts necessary by law enforcement to restrict gun access to individuals who are either at high risk or proven risk based on their recent behavior. If a person meets a statutory terroristic threat standard - that could trigger red flag laws or laws to block or remove gun access at the local level by statute.

References:

1:  Tjaden P, Thoennes N.  Prevalence, Incidence, and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey, Research in Brief.  Washington, DC: U.S. Department of Justice, National Institute of Justice, 1998, NCJ 172837.

2:  Chad Flanders, Courtney Federico, Eric Harmon & Lucas

Klein, “Terroristic Threats” and COVID-19: A Guide for the Perplexed, 169 U. PA.

L. REV. ONLINE 63 (2020), http://www.pennlawreview.com/online/169-UPa-

L-Rev-Online-63.pdf

 

3:  Various MN Statutes:

 

609.713 THREATS OF VIOLENCE.

https://www.revisor.mn.gov/statutes/cite/609.713

 

609.79 OBSCENE OR HARASSING TELEPHONE CALLS

https://www.revisor.mn.gov/statutes/cite/609.79

 

609.795 LETTER, TELEGRAM, OR PACKAGE; OPENING; HARASSMENT

https://www.revisor.mn.gov/statutes/cite/609.795

 

609.749 HARASSMENT; STALKING; PENALTIES

https://www.revisor.mn.gov/statutes/2022/cite/609.749

 

Graphics Credit:  Tim McAteer, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0>, via Wikimedia Commons.  Page URL:  https://commons.wikimedia.org/wiki/File:SWAT_team.jpg

The Insurrection

This has been an historic week in the United States. On January 6, 2021, President Donald Trump and several of his supporters incited a large group to attack and invade the Capitol Building as Congress was in the process of certifying the electoral college vote – the last official but routine step for Joe Biden to become the duly elected President of the United States.  During the riot, Capitol police were assaulted and one of them was killed. A rioter was shot and killed.  Three people died of medical emergencies due to poor access at the scene. There were scores of people injured, many serious.

Police and the National Guard eventually regained control and Congress was able to reconvene and certify the electoral college vote.  The challenges to the votes in several states were overwhelmingly rejected.  The President had also suggested that the Vice President Mike Pence could decide to not accept the votes and nullify the election, but the Vice President was very explicit about his Constitutional duties and knew that was outside of his scope of power. He kept the process going and brought it to appropriate closure declaring that Biden-Harris were the winners.

The aftermath of this event has produced a little certainty but not much.  As I write this late on a Saturday night, all that we know for sure is that Joe Biden is the certified winner of the election and that he will be inaugurated on January 20^th.  President Trump’s supporters from the recertification debacle are in disarray.  Press reports quote them as lashing out at the expected fall out from their efforts and the insurrection at the Capitol. At least one has lost a book deal and in other cases constituents are calling for their resignation.  Since the official vote was preceded by the insurrection and violence, some of the people who were expected to object to the certifications from specific states did not. Other Republicans were outspoken against the process from the outset since it was clear that the President had repeatedly lied about the election being stolen and there was no factual basis for any objections. Republicans adopting those positions were subjected to derision and threats from Republicans who supported Trump.

On the night of the insurrection, there were rumors that Trump’s cabinet may be considering invoking the 25^th Amendment and removing the President from power based on his incapacity to do the job. Inciting an insurrection against the government and Constitution that he was sworn to uphold would seem like a sure way to get anyone fired.  The other logical question is, if a person can make such a drastic error in judgment – does it imply that they will continue to make further drastic errors?  In other words is their judgment compromised even beyond the crisis they have created?  I am not talking about a diagnosis of mental illness. I am an adherent of the Goldwater Rule and don’t believe that psychiatrists should speculate about the mental health of a public figure without doing a thorough personal assessment and then disclosing the result of that assessment only with the consent of that individual.

That does not mean that professional organizations should abdicate their roles in advocating for science, social justice and correcting disparities related issues, and most of all advocating for a practice environment that allows physicians to provide high quality health care to our patients who need it the most. Health care professional organizations have not done a very good job on these issues largely because they have been completely ineffective against the business takeover of health care. 

With the recent events the American Psychiatric Association came out with a statement on January 7, 2021 entitled: APA Statement on Yesterday’s Violence in Washington.  It seemed to be overly reactive to me and it carried the usual generic conclusions – if you are having problems see someone. It would have more authority if there had been statements at every stage of the President’s escalating rhetoric.  Where was the APA for example when the President attacked science, the CDC and its scientists, and Dr. Fauci?  Where was the APA when the President attacked Black Lives Matter and showed support for white supremacists? Where was the APA when the President trivialized the COVID-19 epidemic, politicized the treatment and endangered lives, and spread misinformation about the origins of the virus and how it spreads. There is no authority when you sweep in at the very end when conditions are dire and seek to correct what you did not comment on in the previous 10 months. Real time commentary on political action that is detrimental to the social fabric of the country is necessary from professional organizations, especially one whose members assess the impact of that social fabric on every patient they see.

But there is more blame to go around – especially when it comes to social media companies.  Facebook, Twitter, and Google all seem to be very confused about how they are used for propaganda purposes. Misinformation is a euphemism for propaganda these days and there has never been a more powerful amplifier of propaganda than American social media. To be clear, propaganda is an intentional lie that is repeated over and over again until a certain segment believes it to be true and starts to react emotionally to it. This behavior was clearly visible from people at the Trump rally and people who invaded the Capitol building. People clearly agitated about the election being “stolen”, socialists taking over, the country turning to socialism, personal freedoms being impinged upon.  Image after image of people in the media who were obvious Trump supporters who were agitated about what are essentially non-issues. The clearest non-issue was the election being stolen.  Trump himself keeps repeating this despite the clear facts that the elections are much more well run that when Al Gore was defeated by hanging cardboard chads in the 2000 election that was decided by a Supreme Court decision and a 271 to 267 electoral college vote. In fact, the score card about election fraud shows that there is a complete lack of evidence of significant “fraud” or stolen elections.  The major social media players finally came around and banned Trump and his accounts, but even as I type this he is vowing to get more media access and continue his divisive propaganda campaign.

In the big picture, the Trump propaganda is much more than a curiosity at this point.  In addition to the insurrection at the Capitol, Trump followers have threatened violence against the families of both Democrat and Republican elected officials largely as a way to support Trump.  These coercive tactics have no place in a functional democracy and at the individual level should be considered terroristic threats by local police. The insurrection has provided a blueprint for both foreign and domestic enemies of the United States who seek to disrupt the functions of our government and the security of our citizens. The disruptive effect that the Trump administration has had on our military, intelligence community, allies and leadership role in the world adds greatly to the insecurity of the republic. President Trump and his administration should be considered a case study of incompetent leadership and suggest pathways to competency that future leaders should be assessed by.

I started to write this with some suggestions about what needs to happen over the next 10 days to get the country back on track and correct some of the current glaring deficits:

1:  President Trump: the people on the ground specifically his Cabinet and leaders in Congress need to make an assessment acutely about whether he lacks the current capacity to function in his role as President. The insurrection is strong evidence.  His lack of commentary of a major Russian government hack that has been occurring for months (the extent of which is not currently known) is another.  There is speculation that some of his cabinet members are contemplating this but there have been resignations and temporary appointments.  There is a question about how fragmented the Cabinet is and whether that would hinder the process.  Members of Congress are apparently considering impeachment, but that is a long process.  There are platitudes about how impeachment would not “heal the divisiveness” that are more than a little ironic considering the people making these statements. I have heard that two impeachments of any President rules out any future candidacy and if that is true – it is a very good reason for proceeding with impeachment.

There are still some mental health professionals out there who think a psychiatric emergency is a better response. I routinely did psychiatric emergencies for 22 years and I can say without a doubt that there is no court judge that I know of who would detain President Trump on an emergency basis for hearing or schedule a hearing for guardianship or conservatorship on the basis of a mental illness. Media reports are full armchair diagnoses of narcissistic personality disorder or malignant narcissism (not an actual diagnosis) and even if these diagnoses were accurate – they are not diagnoses that result in court action.  Those diagnoses are typically statutorily defined severe mental illness.  The legal criteria in the 25th Amendment is much clearer: unable to discharge the powers and duties of his office. The only problem is that it is interpreted by lawyers and politicians and not everyone will agree with that interpretation.

Another feature of the legal versus psychiatric intervention is that the decisions can be made right now, by people who have been working with the President in some cases for 4 years.  That constitutes a larger amount of information and a much shorter timeline for action than is possible in any psychiatric scenario. 

2:  The security issue:  The Capitol and any place there are elected officials doing the work of the US Government needs to be very secure. That means there needs to be an adequate force and clear rules of engagement.  Right now there are people threatening the inauguration process and there must be very thorough plans to prevent that from happening.  The FBI is apparently trying to identify as many people as possible from the original insurrection and the message is out there that they will be prosecuted.

The larger security issue is starting to counteract the propaganda about stolen elections, fake pandemics, fake news, and freedom being under attack. I am confident that clearer messaging from the White House and members of Congress will be useful as well as integration back into the international community.

3:  The potential for Civil War:  Not my idea.  About 3-4 months ago I was contacted by people who knew that I was a bit of a survivalist.  Their concerns ranged from civil unrest disrupting the food and power supply as well as access to medical treatment to outright armed conflict between warring factions  Their specific questions were about what they should acquire now to protect themselves and their family if the Trump induced negative reverberations through society continue and worsen.  I am not a historian and wonder if an attempted coup by an autocrat who refuses to accept or even acknowledge 200 years of democracy qualifies as a civil war?  The autocracies in my lifetime including Hitler, Stalin, Mussolini, Pol Pot and many others extending right up to modern times do not seem to be the products of civil war.  Many occurred as the result of internal political turmoil often fomented by propaganda.  Many of these propaganda techniques were codified by the Nazis such as the Big Lie propaganda technique.  

The transition from ordered to disordered society is never clear. No American anticipated the rise of a disruptive autocrat and the impact that he could have on ordinary citizens.  In many ways it reminds me of Robert J. Lifton's interviews in The Nazi Doctors and how the transition to state sanctioned medical killing occurred during the Holocaust.  On page 13 he quotes a French speaking eastern European physician on whether what happened can be understood from a psychology viewpoint:

"The professor would like to understand what is not understandable. We ourselves who were there, and who have always asked ourselves the question and will ask it to the end of our lives , we will never understand it because it cannot be understood."    

I think there may be some insights from the anthropology of warfare.  Keeley gathered anthropological evidence of ancient conflicts between tribes, towns, and eventually cities.  He concluded that there were no peaceful primitive people. The settlement of disputes between neighboring tribes or city states have always been violent with a significant toll on the losing population.  That theme is obviously extended to current times where there is an uneasy peace based on nuclear deterrence but a quarter million people lose their lives each year due to small arms fire.  Peace does not seem to be the interest of many nations even though there are clear cut advantages.  The human propensity for violent dispute resolution is not reassuring in a heavily armed nation and an angry faction who show up on government property holding assault rifles.  Interestingly one of the features of society that Keeley considered protective against war was an active trading and economic relationship with rivals.  That is another area where President Trump has not done well. 

4:  The propaganda at the individual level:  Many people ask me why so many people buy into obvious propaganda like the stolen election lie.  It turns out this recipe for influencing large groups of people politically has been around for decades.  The general message is to keep repeating the lie and at some point people start to emotionally react to it and that reinforces it.  From a neuroscience perspective there have been some imaging studies that claim to be able to detect Democrats from Republicans but I question those results.  Some suggest the problem is a lack of critical thinking, but I know a lot of professionals who have accepted Trump’s stolen election lie as a fact and their critical reasoning capabilities in all other areas seem to be intact.  One of my colleagues proposed an evolutionary social theory that seems to have some plausibility – as humans we are socialized to follow charismatic leaders whether they are right or wrong.  There seems to be a lot of historical data to back that up.

I would suggest a complementary hypothesis and that is the emotional inputs for day-today decision making.  Some time ago on this blog I discussed some of the groundbreaking work of Antoine Bechara, MD, PhD and his work on why emotional input is critical for human decision making. He demonstrated that without it – subjects with normal intelligence is unable to function.  We also know that an excess of emotion can adversely affect decision making and lead to errors both acutely and on an ongoing basis.

Propaganda has both a cognitive component (the lie) and a strong associated emotional component.  Supporters of the stolen election lie are clearly angry about getting a raw deal, about their rights being impinged up, about needing to take the law into their own hands, about someone treating them (or their candidate) unfairly, the list is quite lengthy but the emotion is always anger.

I don’t claim to know how to reverse that process.  I did take a course in how to deprogram cult members at one point and the main intervention was to get them away from the people influencing them.  Removing the continuous inaccurate social media messaging may be useful in that regard. An improvement in the general tone of the media may also be helpful.  Since the insurrection, the mainstream media seems a lot more willing to make determinations of what is accurate and what is a lie.  One lesson appears to be that even if the propaganda lie is labeled as misinformation that is probably not enough.  It will still be altered in a positive way and propagated for propaganda use.  Propaganda needs to be eliminated when there is obvious overwhelming evidence against it.

There also have to be organizations that are willing to step up and make a stand for accuracy to correct political misinformation.  Both Science and Nature the major general scientific publications have been doing that on an increasing basis.

And finally, there is the appeal to the individual. In some of my earlier writing on this blog about firearm violence I suggested that people self-monitor for violent or aggressive thinking and seek out help if they noticed this. My thoughts related this insurrection are no different.  Nobody should be thinking that American elections are rigged or that they need to take the country back from someone.  We all know how this democracy works and it has been working well for 200+ years.  It works well because of the concept of peaceful transfer of power and the associated traditions. In other words, it is about what is good for the country and its people and not an individual official.  The President is the President for all of the people and not half of the people and he or she serves at the will of the majority.

Let that sink in……

 

 George Dawson, MD, DFAPA

Supplementary 1:  A poster on Twitter pointed out the rationale for the suspension of Trump's account.  The rationale is listed in this blog post.  Pay particular attention to the last 5 bullet points, especially bullet point 5:

"Plans for future armed protests have already begun proliferating on and off-Twitter, including a proposed secondary attack on the US Capitol and state capitol buildings on January 17, 2021."

I am hoping that there will be more than a few hundred National Guard troops present at the Inauguration and that Governors take these threats seriously, especially in states where gun advocates have succeeded in getting laws passed to carry firearms on state government property. I would suggest going as far as a temporary order to suspend firearms in proximity to the state capitols in addition to an adequate show of force to deter further antigovernment activity. 

Supplementary 2:  For anyone confused about what happened at the Capitol building it comes down to this:

References:

1:  Lawrence H. Keeley.  War Before Civilization. Oxford University Press, New York 1996.

2:  Robert Jay Lifton.  The Nazi Doctors. Basic Books, New York 1986: p 13.

Image Credit:  This is an image from the Capitol Building on Jan 6, 2021 from Shutterstock per their standard agreement.

Wish I Had Said Some More About The Violence......

I shot a video for the 100 Miles 100 Stories charity yesterday.  Their mission is raise awareness for violence against healthcare workers.  They found me through a nurse that I used to work with who sustained a traumatic brain injury when she was assaulted in an emergency department.  The sequelae of that injury ended her career in nursing. The focus of this charity is to raise public awareness of the problem and hopefully find some solutions.  As I have posted on this blog many times, these incidents are generally preventable, but it requires both expertise and a major revision of the systems that most health professional work in every day. I had a meeting two weeks ago on the comments I could make in this area and the interview questions were based on that meeting.  I don't have a transcript or tape and the final version will be edited.  This is my recollection of what happened:

Q:  Tell us about your experience.

A:  I have been a psychiatrist for 32 years and about 22 of those years have been in acute care psychiatric settings at what is now called Regions Hospital.  It used to be St. Paul-Ramsey Medical Center before it was acquired by HealthPartners.  For about 8 of those years a neurologist and I ran a clinic for Alzheimer's Disease and other dementias.

Q:  What kind of psychiatric diagnoses did you see?

A:  Bipolar disorder, major depression, schizophrenia, schizoaffective disorder, personality disorders with a significant overlay of alcohol and substance use.

Q:  Were you ever assaulted?

A:  I was punched three times but there was no serious injury.  Threatening behavior was more a problem.  There were homicidal threats that had the most significant impact on me long term.  As an example, I started to be more conscious of home security and have home security and close circuit TV cameras installed.

The interview is biased on a personal point of view.  If I had been thinking more I could have mentioned what I had seen.  One psychiatrist punched and knocked out.  Another psychiatrist beaten up with a resulting career ending traumatic brain injury. Various injuries to nursing staff and nursing assistants who have the majority of contact with agitated and potentially aggressive patients.  One evening I was talking with nursing staff behind a window that we believed was shatterproof glass. Without warning the window exploded as a heavy chair sailed through it.  Being one step away from very serious injuries and deaths in many situations, but the downside is that may have seemed like an embellishment so I left it out.

Q:  Why do you think it is happening?

There are several reasons.  The lengths of stays in psychiatric units these days is either too long or too short.  People are discharged in 3 or 4 days or they are waiting there for weeks or months to go to a state hospital bed because they are committed.  Acute care inpatient units are not set up to accommodate people staying there that long.  When I interview people have been discharged from inpatients units they typically tell me that they were sitting around watching TV until they could convince somebody that they are not suicidal.

If we consider a person who is experiencing auditory hallucinations who goes to the emergency department for help they might not get admitted for that problem.  They will probably be told to go to an outpatient appointment in a month or two.  In the meantime - they are untreated and that symptoms gets worse.  If they come into the emergency department again, they may angry the second time.  The current system of care has a large circulating pool of partially stabilized or unstable patients that go between the ED, homelessness and homeless shelters, and acute care hospitals.

I should have used the term dangerousness.  I have written about it countless times on this blog but not in the interview.  Dangerousness is essentially the only way that people get admitted to inpatient psychiatric units any more.  That arbitrary business decision rations access to care for people who have also experienced rationing at a both the community level with less housing and at the state hospital level with a marked reduction is state hospital beds.

Q:  What do you think can be done about it?

Changes have to occur at two levels.  Government and business administrators have to open up access to more beds in both state hospitals and community housing.  There has has to be more enlightened management of those beds.  At the service provider level there needs to be a team approach to the problem.  Frequently if there is an assault related injury, there is a lot of silence and nobody talks about it.  Some splitting can occur and some disciplines may think that it can't happen to them.  The victims may blame themselves and become very isolated.  Administrators at every level need to support clinical teams to address this problem.  There needs to be in house experts to fix the problem and not outside consultants who typically know a lot less about problems and solutions.

Q:  What do you think is important about the 100 Miles 100 Stories Walk?

It raises public awareness about this issue and how it impacts health care workers. It might raise awareness about the expectation that it is part of the job and that many people expect health acre workers to accept it.  Hopefully it will also increase solidarity on this issue.

I should have added my opinion that there needs to be a zero tolerance rule for violence and aggression to healthcare workers.  They are after all doing their job taking care of people.

Q:  Is there anything else that you would like to cover?

I would like to mention that there are basically three groups the become violent in health care settings.  The first is people with severe mental illnesses who are making decisions based on a delusional thought process.  The second are people with acute or chronic intoxication states who are agitated or aggressive based on their use of an intoxicant.  The third group are people with personality disorders where aggression is a strategy or way of life.  Limits needs to be established with this group and they must be held accountable.

The interview ended at that point but there was obviously a lot more that could be said.  Like most people - I write a lot better than I speak.  I am sure that if you see the eventual clips I will be much less articulate and probably confabulated much of what I just wrote.

There is also a time constraint for these interviews and the consideration that the public probably wants to hear about the  general rather than the specific problems or proposed solutions. Certainly nobody has been flocking to this blog over the past years for my suggestions about violence or homicide prevention. 

I doubt that many people are aware of the fact that it is common that patients need to be physically restrained so that they don't injure themselves or anyone else.  I can recall being in an ICU setting when a young man suddenly got out of bed and started swinging an IV pole around his head.  An IV pole has a heavy metal base and anyone struck by that base would have been seriously injured.  He was doing this within a few feet of critically ill patients and the ICU nursing staff.  He was also delirious and completely unable to respond to verbal requests or guidance.  That is an illustration of how rapidly one of these situations can develop and also why there is a necessity for being able to respond to the problem rapidly.

I also might have discussed the informal triage system for dealing with violence or aggression.  In Minnesota not all hospitals will receive patients with this kind of problem.  Not all hospitals train their staff to physically intervene in an appropriate way.  In most health care facilities the training ends at how to approach the potentially aggressive patient and it assumes that the verbal intervention will be successful.  That will not work with very aggressive patients and training needs to include more specific physical measures.

There is also a lot of room to discuss environmental safety plans.  What is the physical design of the clinic or hospital ward?  Can changes in the design configuration provide additional safety for patients and staff.  In some cases it is just putting receptionists in safe areas where they are not in danger from walk ins or aggressive patients.  Does there need to be a law enforcement presence?  What about internal security?  What kind of plan needs to be in place to coordinate all of the personnel in emergencies?

Whatever the focus - these discussions need to get out there for the general public to consider.  The level of injuries to hospital staff and in some cases patients needs to improve greatly.  I emphasize again that the majority of these injuries affect nurses and nursing assistants.  Physicians have been  homicide victims as the result of some of this aggression.

In the cases of conscious directed violence - the perpetrators of that violence need to be prosecuted.  No health care employee should go to work every day fearing assault and in some cases disabling and career ending injuries.   



George Dawson, MD, DFAPA



Supplementary 1:

I was sent this link to an incident of emergency department violence from 1993.  That highlights the chronicity of the problem and the lack of effective solutions.  Quotes from the article:

"Health care workers noted, however, that the incident is only the most recent example of the rising tide of violence that has spilled over into the nation's urban emergency rooms."
and:

"County-USC has been no exception. During the first six months of 1991, for example, security guards at the hospital responded to 1,400 reports of threats or attacks, six of which led to arrests. Among the assailants was a panhandler who approached four nurses in the cafeteria and plunged a pair of suture-removal scissors deep into one nurse's neck."

Supplementary 2:

Here is a link to the video I recorded that was the basis for this post.  It is a 4 minute clip edited down from about 20 minutes of interview material.  I had no role in the recording or editing of the clip.

George Dawson, MD on violence toward healthcare workers in psychiatric settings. Clip. 

A Psychiatric Perspective on Beatdowns

My opinion on this is probably long overdue.

A beatdown is popular vernacular for beating someone mercilessly - often into an unconscious state. From the video I have seen of these scenarios - it is at least implicit that the person had done something to "deserve" the beatdown.  The best source of this video materiel is TMZ.com that follows the hip hop culture more closely than most mainstream television.  In watching those videos it is apparent that even the wealthiest and most influential celebrities are not averse to being affiliated with these activities, encouraging them, or even commenting on them.  Any casual observation of what happens during a beatdown illustrates that it is a situation with a very high likelihood of serious injury or death to the person who is being assaulted.

Take for example this TMZ clip entitled Cardi B Security Accused of Post-Met Gala Beatdown.  You see two young men punching a man who is on his back on the ground.  They are punching him rapidly and repeatedly.  When they finish another man runs in and kicks the victim as hard as he can while the victim is still laying defenseless on the ground.  I listened to the TMZ pundits analyze the situation.  One of those pundits is Harvey Levin who is the co-host and is also an attorney.  The consensus seemed to be that nobody had any problem with this man being repeatedly punched by two men when he was paying defenseless on the ground.  Only Harvey Levin thought that the kick was a little extreme and could result in legal charges.

The very first assault case that I was involved in occurred at a University Hospital outpatient clinic.  I was on the consult team and the clinic called to say that they had detained an outpatient who assaulted one of their clerical staff.  When she wasn't looking the patient hit her over the head with a cane as hard as he could.  I went down to assess the patient.  He was very calm and had no evidence of major psychiatric disorder.  He explained that he got impatient because the receptionist was not working fast enough and that was why he struck her. He had absolutely no remorse for injuring her. He minimized the potential for injury by hitting someone over the head with a relatively heavy object when they were not expecting to be hit.  He used the familiar rationalization: "If she didn't want to get hit she should have worked a little faster."  He was not intoxicated at the time.  I discussed the case with my attending and we both agreed that there was no psychiatric disorder and no reason why he should not go to jail to be charged for assault.

My attending psychiatrists at the time always tended to analyze the aggression. Punching or kicking someone when they were unable to protect themselves was viewed as a particularly negative sign and an event more commonly seen in antisocial individuals.  It led me to reflect on people I had known in my peer group who had been killed in fights.  One guy I played sports with who went away to college and ended up getting in a brawl at a large college bar.  He was apparently kicked in the side when he was on the ground. He went back to his dorm room and died that night of a ruptured spleen.  In another fight resulting in a kick to the head - that student went home and expired from a cerebral hemorrhage.  Both students were very bright, full of promise, well-liked and had no history of aggressive behavior but they were killed by blows that are commonly observed in movies and television shows. There are thousands of men incarcerated in this country for punching or kicking someone in a fight and killing them.  I can almost guarantee that at some point in their court proceeding somebody said: "I did not believe that hitting him that way could kill him."

There are mitigating factors in some of these situations.  Psychiatric disorders usually are not.  Personality disorders and intoxicated states are but not from a legal standpoint. Being intoxicated or a sociopath is not a defense in the American legal system.  The best chance to beat the charge is to appeal to sub-cultural mores: "Boys will be boys - it was just a fight gone bad and somebody died.  Nobody is to blame here!"  Or claim it was an accident or there was no intent to do harm.  In both of the cases I was personally aware of there was no case in one and in the other charges were dismissed by the court even though the victim in the case never threw a punch or acted in an aggressive manner.  American law is highly subjective and it is not likely that these cases can be decided in a consistent or necessarily rational manner. 

A medical and psychiatric perspective allows a different analysis.  The human brain has a gel like consistency and it floats inside the skull in cerebrospinal fluid. Any sudden force applied to the skull leads to a shock wave that is initially dispersed as the brain impacts the inside of the skull where the forces was applied (coup injury)  and then when the brain rebounds and strikes the opposite inside area of the skull (contre coupe injury).  Which each violent movement thousands of axons are sheared off in the white matter adjacent to cortical areas.  Some forces shear veins and even arteries that can lead to very rapid death if not treated.  Treatment may consist of neurosurgery that requires opening the skull to remove large blood clots and repair blood vessels.  In extreme cases a piece of bone needs to be removed and stored to allow for the expansion of brain swelling to reduce the chances of death.   Lesser forces lead to more persistent cognitive, personality, and neurological changes.  From a strictly medical perspective - given the amount of damage, morbidity, and mortality that a beatdown can cause it is obviously not a good idea to engage in this kind of activity.  Even widely approved activities like football and boxing can lead to brain damage and death from severe brain  injuries.

I have seen plenty of the victims in clinical practice.  People whose lives has been altered by being exposed to this kind of violence.  Traumatic brain injuries, cognitive disabilities, and post traumatic stress disorder.  Careers and marriages lost from these effects. 

From a psychiatric standpoint, the only acceptable reasons for using force against another are self-defense and stepping in to assist a person who cannot defend themselves.  The latter situation can be difficult to assess and personal safety is always a priority. Those criteria rule out a lot of common altercations based on insults or taunts.  If that happens -  the safest solution is to walk away.  These criteria also rule out violence and aggression as a solution to problems.  If that is an issue, find help for anger control and problems with aggression.  The criteria rule out intoxicants as a reason for using physical force.  If that happened repeatedly with alcohol or drug induced intoxication states - get help with the drug or alcohol problem.  Even self defense may not be an adequate excuse for becoming aggressive and injuring or killing someone.  If you are bigger, stronger, a better fighter, or armed and you can easily handle the aggressor - killing or injuring them might make a self defense strategy less likely to succeed.  The initial example would appear to be a case in point.  Two men on top of the man vigorously punching him at the outset of this clip for pursuing an autograph would violate the acceptable reasons. The next man kicking him is far worse if these blows resulted in significant injury. It is tempting to put these situations in a legal framework - an individual's conscious state is probably more applicable. If you kill or permanently disable someone as the aggressor in one of these situations your conscious state is permanently altered.  You have become a person who is capable of excessive violence and that is remembered the rest of your life. Your entire moral development up until the time of that incident is called into question.  Guilt, shame, doubt, and regret become a major part of your life.

Age is certainly a factor in these situations. I have not seen any statistics but most of the protagonists seem to be in their 20s and 30s.  That is not universal.  I have seen many videos of older assailants beating the elderly or assaulting people randomly on the street.  The vigor, poor judgment, problematic peer pressure, and excessive use of intoxicants make this demographic group the likely perpetrators of beatdowns.

If you like my standard spread the word. There should be no beatdowns of any kind.  They endanger lives, lead to disability, and and can have far ranging effects for perpetrators and victim - both physically and  psychologically. They are unnecessary in what are typically nuisance situations where there are better ways to resolve the problem, including just walking away.

Beatdowns can kill people. They are a throwback to ancient civilizations when conflicts were resolved by violence and the object was to kill all of the adjacent tribes members.  The toll is great and the next time somebody asks you if someone "deserved a beatdown" - let them know that nobody does.

And let them know that two or three people hitting someone when they are down and vulnerable is unconscionable.       



George Dawson, MD, DFAPA