Parasomnias - Medical/Legal Issues

Medical/Legal Issues

There are definite legal and medical implications for a criminal offence committed during a parasomniac phase, as the offender is not held responsible for the act.

Parasomnias cover a wide variety of peculiar, distressing, and potentially dangerous sleep behaviors. These bizarre and frightening nocturnal experiences are not a manifestation of psychologic or psychiatric disorders and can be explained otherwise. However, there are definite medical and legal implications for a criminal offense committed during a parasomniac phase, as the offender is not held responsible for the act

Medical Issues

• Parasomnias can adversely affect Obstructive Sleep Apnea(OSA)/Snoring by interfering with nasal continuous positive-pressure therapy
• Wakefulness, REM sleep, and NREM sleep may occur simultaneously or in dissociated or incomplete forms to produce Primary Sleep Parasomnias.
• Dysfunction of other organ systems may manifest during the sleep state, resulting in secondary Parasomnias

Legal Issues

• Parasomnias often are misdiagnosed and inappropriately treated as psychiatric disorders.
• Experienced sleep professionals should evaluate patients with these disorders.
• Parasomnias also may have forensic implications. Accidents, homicides, and suicides may occur during these bizarre nocturnal experiences
• Failing to advise patients and/or their caretakers about the risks of injury to self or others could be construed as punishable, depending on the extent of the damage sustained.
• Failure to look for an underlying cause for one of the parasomnias, especially when the onset is in adulthood, also could be punishable.

Parasomnias -� References

1. Sleepwalking - (http://www.emedicine.com/med/topic3131.htm)
2. About Sleepwalking - (http://en.wikipedia.org/wiki/Sleepwalking)
3. Disorders That Disrupt Sleep (Parasomnias) - (http://www.emedicinehealth.com/disorders_that_disrupt_sleep_parasomnias/article_em.htm)

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