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Page last updated at 23:48 GMT, Wednesday, 21 October 2009 00:48 UK

Woman sues over mental detention

Claire Muir
Mrs Muir says she was detained against her will

A woman is suing Scotland's largest health board over claims she was sectioned after wrongly being diagnosed with paranoid psychosis.

Claire Muir, 47, from Dumbarton, said she suffered "distressing pain and injury" after being detained in a psychiatric ward against her will.

NHS Greater Glasgow and Clyde is contesting a civil action lodged by Mrs Muir at Dumbarton Sheriff Court.

It said it was "totally satisfied" that proper procedures" had been followed.

Mrs Muir said she was diagnosed with "paranoid psychosis" when she went for help after suffering a miscarriage 12 weeks into her pregnancy.

The mother-of-one claims to have been referred to a consultant psychiatrist after a midwife believed she sounded psychotic on the phone.

It is unfortunate enough for women to receive little help overcoming a miscarriage, but to find yourself locked up in a psychiatric unit without explanation is just horrendous
Claire Muir

The psychiatrist and a Mental Health Officer, granted a short-term detention order under the Mental Health (Scotland) Act 2003.

Mrs Muir said she was then forcibly injected with psychiatric drugs 12 times in two weeks which led to her suffering from severe side-effects, including hallucinations.

The former fashion designer said her husband Andrew, 51, had fought for her to be released from Alexandria Hospital at five mental health tribunals.

She returned home after he won the right for her to be assessed by an independent expert who found she could have been suffering from another condition such as postnatal depression.

In their action, the couple allege that Mrs Muir was detained without her husband being consulted - a move they say is illegal.

Physical restraint

They also claim that the mental health officer failed in his duty to interview Mrs Muir before giving his consent to the detention certificate.

Mrs Muir said: "This whole ordeal has been torture for me and my family.

"It is unfortunate enough for women to receive little help overcoming a miscarriage, but to find yourself locked up in a psychiatric unit without explanation is just horrendous.

"I was grieving for my lost baby and trying to come to terms with everything. I clearly did not want to be given this medication, but they assaulted me by physically restraining me - giving me no choice."

The Muirs are also suing the solicitor who represented her at the mental health tribunals over claims she failed to cross examine the consultant to determine whether the criteria for detention had been met.

Mrs Muir is also attempting to have her health records cleared so it no longer affects her driving licence and future work prospects.

In a statement, NHS Greater Glasgow and Clyde said: "We have reviewed all aspects of the care and treatment provided to this patient and we are totally satisfied that all proper procedures were followed.

"This is now a legal matter and it would be inappropriate for us to comment at this time."



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