Written by attorneys · grounded in primary & secondary sources — see below
A disordered mental state marked by confusion, disorientation, and often hallucinations or delusions. It typically arises during illness, after surgery, or from intoxication and prevents the affected person from understanding the nature and consequences of their actions.
Denise Donovan, recovering from surgery, became delirious and threatened to jump from her hospital window. Nurse Dwight Dorsey locked the door and windows to stop her. Donovan later sued Dorsey for false imprisonment. The court held that Dorsey's actions were privileged because the delirium created an immediate risk of self-harm that justified intervention without consent.
Dwight Dorsey, held in solitary confinement for months, developed delirium with hallucinations and disorientation. He challenged his conditions as cruel and unusual punishment. The court considered medical evidence that prolonged isolation predictably produces delirium and related psychiatric harm.
Select any source to read its text and confirm it supports the definition.
Doris Duffy, a chronic alcoholic, was arrested for public intoxication. She later experienced delirium tremens during withdrawal. The court examined whether her condition constituted a disease that excused criminal liability for the underlying conduct.
A person must possess mental capacity to make or revoke a donative transfer such as a revocable trust. Delirium that produces confusion about one's role, the current year, or the nature of the transaction shows the settlor cannot understand the property, beneficiaries, or disposition. Courts therefore invalidate the amendment and leave the prior trust in effect.
Supporting sources
Delirium that leads a person to threaten suicide or other self-harm creates an emergency privilege. Another may lock doors or apply reasonable restraints to prevent the harm. The privilege arises independently of consent when immediate action is needed to avert injury a reasonable person would seek to avoid.
Supporting sources
No. The inquiry focuses on whether the donor could understand the nature and extent of the property, the natural objects of bounty, and the disposition at the moment of execution. Nursing notes documenting disorientation and mistaken beliefs supply evidence of incapacity, but the court must weigh all facts surrounding the signing.
Supporting sources
…of limiting their alcoholic intake to a reasonable amount—and yet who display severe withdrawal symptoms, sometimes including delirium tremens, when deprived of their daily portion of wine. M. Block, Alcoholism—Its Facets and Phases 27 (1965); Jellinek, supra , n. 2, at 17. See generally id. , at 13-32. [^maj-7]:…