Found Deceased MO - Clauddinnea 'Dee Dee' Blancharde, 48, Springfield, 10 June 2015 - #2 *Arrests*

[Lilibet]

This raises an interesting question. Would the medical practitioners who treated Gypsy, based on info from the mother, be liable for malpractice if they treated her for non existing illnesses?

This is a very interesting question. I don't know how this has played out in other medical abuse cases. There might be sanctions by the state medical board. We don't know yet how much treatment Gypsy actually received.

I have personally found that my doctors like to run tests to make sure they have covered all the bases. I think they fear being sued for malpractice, so tests would show the court that they've been thorough. I would imagine that Gypsy's doctors ran tests too. But mothers like DB are pretty skilled at this game. I can see that a busy, trusting doctor could be innocently fooled. I don't mean fooled into treating for leukemia or muscular distrophy, but for other, more vague symptoms. It happens.

 

[Lilibet]

Interesting. Doesn't the defense (I mean if they're not public defenders) hire their own psychiatrists and other experts to testify at the trials? When you say they work for the state do you mean they would be working for the defense (if she still has a public defender) or would they work for the prosecution? Or would both sides use the same psychiatrist?

I wonder if the OP is talking about psychiatrists in state institutions, rather than ones used during trials. I know that Jodi Arias had public defenders who hired two private psychologists to examine her and testify. The prosecutor also hired at least one private psychologist.

 

[bluesneakers]

I wonder if the OP is talking about psychiatrists in state institutions, rather than ones used during trials. I know that Jodi Arias had public defenders who hired two private psychologists to examine her and testify. The prosecutor also hired at least one private psychologist.

Oh, you're right. I wasn't even thinking about where she might go for treatment after the trial.

 

[gitana1]

BBM

I hope she's not found not guilty Dexter. That would mean she wouldn't get the help she needs. That's why I'm hoping a trial doesn't happen and she accepts a deal for mental health treatment.

Actually, that's about the only way she will get real help. A not guilty by reason of insanity verdict would result in involuntary mental health treatment. But if she's simply found guilty, of something, she will not be forced to get any treatment and if she wants any, she would be lucky to get, at the most, possible group therapy sessions by some prison staff member once per week and meds. And that's if she's lucky. She will absolutely get no intensive treatment of any kind if found guilty of a homicide charge.

It it is interesting how many suspects and witnesses, like family members of a suspect, confess or give incriminating info to LE after it is promised that the suspect will get treatment. That never ever ever happens.

 

[Lilibet]

Actually, that's about the only way she will get real help. A not guilty by reason of insanity verdict would result in involuntary mental health treatment. But if she's simply found guilty, of something, she will not be forced to get any treatment and if she wants any, she would be lucky to get, at the most, possible group therapy sessions by some prison staff member once per week and meds. And that's if she's lucky. She will absolutely get no intensive treatment of any kind if found guilty of a homicide charge.

It it is interesting how many suspects and witnesses, like family members of a suspect, confess or give incriminating info to LE after it is promised that the suspect will get treatment. That never ever ever happens.

BBM
Thanks for weighing in, Gitana. It's appalling, but not surprising given the state of mental health care in this country. Your point about people or their families confessing or giving information to LE after being promised treatment shows how desperate people are.

Do you have enough information yet to say how you would approach this case if you were Gypsy's defense attorney? Knowing she needs help, would you try for not guilty by reason of insanity? Do you think that will work? Thanks!

 

[jjenny]

Actually, that's about the only way she will get real help. A not guilty by reason of insanity verdict would result in involuntary mental health treatment. But if she's simply found guilty, of something, she will not be forced to get any treatment and if she wants any, she would be lucky to get, at the most, possible group therapy sessions by some prison staff member once per week and meds. And that's if she's lucky. She will absolutely get no intensive treatment of any kind if found guilty of a homicide charge.

It it is interesting how many suspects and witnesses, like family members of a suspect, confess or give incriminating info to LE after it is promised that the suspect will get treatment. That never ever ever happens.

Unfortunately insanity is going to be a tough sell, because she had a perfectly rational reason for wanting her mother dead.

 

[concernedmother]

If she only had a 3rd grade education how did she figure out how to use the internet, go on a dating site and participate in social media?

 

[MsFacetious]

If she only had a 3rd grade education how did she figure out how to use the internet, go on a dating site and participate in social media?

3rd graders can do all that. :sigh:

 

[Lilibet]

If she only had a 3rd grade education how did she figure out how to use the internet, go on a dating site and participate in social media?

3rd graders can do all that. :sigh:

Both of you make valid points, but I'm not sure what she meant about having only a third grade education or that it matters that much. I assume she meant formal schooling, whether at an actual school or at home. Plenty of people with a wide range of intelligence who had to leave school at a young age have acquired knowledge and skills in various informal ways. Although third graders can be good at using computers and the internet and social media, IMO Gypsy was more sophisticated in her use of them than a third grader would be.
JMO, MOO, etc

 

[jjenny]

If she only had a 3rd grade education how did she figure out how to use the internet, go on a dating site and participate in social media?

Nowdays, 3rd graders can do more with internet and social media than many adults.

 

[Inthedetails]

Nowdays, 3rd graders can do more with internet and social media than many adults.

And most things on the internet is designed to be easy. It's not tough to figure things out.

 

[jjenny]

Both of you make valid points, but I'm not sure what she meant about having only a third grade education or that it matters that much. I assume she meant formal schooling, whether at an actual school or at home. Plenty of people with a wide range of intelligence who had to leave school at a young age have acquired knowledge and skills in various informal ways. Although third graders can be good at using computers and the internet and social media, IMO Gypsy was more sophisticated in her use of them than a third grader would be.
JMO, MOO, etc

I don't think she ever went to actual school. Maybe she was tested at a third grade level?

 

[MyBelle]

This raises an interesting question. Would the medical practitioners who treated Gypsy, based on info from the mother, be liable for malpractice if they treated her for non existing illnesses?

Isn't that considered fraud? I seriously doubt any doctor did treat her for non-existing illnesses.

JMO

 

[jjenny]

Isn't that considered fraud? I seriously doubt any doctor did treat her for non-existing illnesses.

JMO

Parents with Munchausen by Proxy regularly convince doctors to carry out numerous medical procedures on their children.

 

[pepelepolecat]

Unfortunately insanity is going to be a tough sell, because she had a perfectly rational reason for wanting her mother dead.

I could see her attorneys going with using battered person syndrome and arguing self-defense or diminished responsibility. (I'm neither an attorney nor do I play one on the Internet). And I think those would be valid arguments. imo.

That said, I agree with those who've said an acquital won't necessarily be in her best interests either. She needs intensive therapy. imo.

 

[bluesneakers]

Parents with Munchausen by Proxy regularly convince doctors to carry out numerous medical procedures on their children.

The most famous case I know of, or rather the most famous person I know of is Eminem. His mother had Munchausen's by proxy and both Marshall and Nathan were told they were sick and taken to doctors, but I can't find anything about whether or not she made them sick or convinced doctors to treat them. I am curious about how long can a parent put their children though this, and after a few years wouldn't the doctors catch on if there were NO symptoms? And of course with Gypsy, whether malingering or MbP, it went on for her whole life.

 

[Tssiemer]

Her situation would be a mitigating factor at best IMO.


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[gitana1]

The most famous case I know of, or rather the most famous person I know of is Eminem. His mother had Munchausen's by proxy and both Marshall and Nathan were told they were sick and taken to doctors, but I can't find anything about whether or not she made them sick or convinced doctors to treat them. I am curious about how long can a parent put their children though this, and after a few years wouldn't the doctors catch on if there were NO symptoms? And of course with Gypsy, whether malingering or MbP, it went on for her whole life.

The doctors (or actually it's often the nurses who first catch on), eventually do figure it out. The symptoms never react as they should to treatment or they're a bizarre cluster of symptoms. So they eventually confront the mother. At that stage, the mother switches doctors and starts again. That's how they're able to keep things going. They tend to move around a lot.

 

[gitana1]

I could see her attorneys going with using battered person syndrome and arguing self-defense or diminished responsibility. (I'm neither an attorney nor do I play one on the Internet). And I think those would be valid arguments. imo.

That said, I agree with those who've said an acquital won't necessarily be in her best interests either. She needs intensive therapy. imo.

(You should play one on the internet. Pretty savvy!) But the only way she WILL get intensive treatment is via an acquittal. In MO, a finding of NGRI leads to involuntary confinement in a mental health facility. http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=2314&context=mlr

Her situation would be a mitigating factor at best IMO.


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I don't know. jjenny is totally right that NGRI would be a very tough sell. But I think it's not impossible here. Improbable but I would try it. As pepelepolecat said above, diminished capacity is also available as a defense according to what I found on the internet. I will edit to link. http://www.courts.mo.gov/hosted/res...7_DefLessIncOff_files/CH_17_DefLessIncOff.htm

 

[gitana1]

Here's an example of a recent MO NGRI case. (It doesn't explain her mental health history though or hey she was found NGRI):

"She also reviewed State Law concerning the procedures following a plea of not guilty by reason of insanity. According to Missouri law, Weathers must be committed to the Director of Mental Diseases indefinitely and will be housed in a maximum security facility. Weathers can only be released if she or the hospital superintendent initiates a hearing before a judge where she must prove she no longer has a mental defect rendering her dangerous. The Prosecutor’s Office is notified of this hearing and will have an opportunity to argue against the release of the defendant." http://www.kmzu.com/wellington-resident-not-guilty-by-reason-of-insanity/

But here is an analysis of all the NGRI cases in MO between 1980 and 2009. Very interesting. Women aremore likely to be found NGRI, more typically have committed murder when the defense is applied and typically suffered depression or a personality disorder! Not psychotic. Wow: http://www.tandfonline.com/doi/abs/....1080/08974454.2014.890160?journalCode=wwcj20