The American Psychiatric Publishing Textbook of Forensic Psychiatry

by Robert I. Simon, Liza H. Gold

2004 · American Psychiatric Pub

General clinicians conduct most forensic psychiatric examinations and provide most psychiatric testimony. Yet these clinicians often receive little or no training in forensic psychiatry, leaving them ill prepared to meet the inevitable ethical and legal challenges that arise. Both timely and informative, this textbook is the first reference designed and written for both the general clinician and the experienced forensic psychiatrist. Here, 28 recognized experts introduce the forensic subjects that commonly arise in clinical practice. Unique in the literature, this outstanding collection covers • Introductory subjects—Organized psychiatry and forensic practice; the legal system and the distinctions between therapeutic and forensic roles; business aspects of starting a forensic practice; the role of the expert witness; the differences between the ethics of forensic and clinical psychiatry; the use of DSM in the courtroom; and issues that arise in working with attorneys• Civil litigation—The standard of care and psychiatric malpractice; civil competency; issues in conducting evaluations for personal injury litigation; personal injury claims of psychiatric harm; and disability determination and other employment-related psychiatric evaluations• Criminal justice—Competency to stand trial and insanity evaluations; the use of actuarial and clinical assessments in the evaluation of sexual offenders; psychiatry in correctional settings; and the relationship between psychiatry and law enforcement, including mental health training, crisis negotiation, and fitness for duty evaluations• Special topics—Assessment of malingering; evaluations of children and adolescents; violence risk assessments; the use of prediction instruments to determine "dangerousness"; and the evolving standard of expert psychological testimony Each chapter is organized around case examples and includes a review of key concepts, practical guidelines, and references for further reading. A study guide is also available for use in teaching, in studying, and in preparing for the forensic board examination. This practical textbook makes this interesting specialty accessible to trainees and seasoned practitioners. With its detailed glossary of legal terms, subject index, and index of legal cases, it will be a welcome addition to all psychiatric residency and forensic fellowship programs.

Clinical Manual of Psychiatry and Law

by Robert I. Simon, Daniel W. Shuman

2007 · American Psychiatric Pub

In their latest collaboration, Clinical Manual of Psychiatry and Law, noted forensic psychiatrist Dr. Robert Simon and legal scholar Daniel Shuman, both recipients of the Guttmacher Award, have created a unique, practical reference to enable psychiatrists to transform the impact of the law on their clinical practices from an adversary to a working partner. In lieu of scare tactics or horror stories, Dr. Simon and Professor Shuman clearly explain not only what the law requires and why but how best to integrate its requirements to enhance clinical practice and reduce the risk of successful tort claims. They have written a clear, comprehensible, and accessible volume that will guide practitioners through the thickets of the law and benefit their clinical practices. This volume covers a wide range of topics, from confidentiality, privilege, informed consent and the right to refuse treatment to treatment boundaries, involuntary hospitalization, seclusion and restraint, management of violent as well as suicidal patients, and the additional requirements which apply to the treatment and evaluation of minors or persons with mental disabilities. It also includes the tort (i.e., negligence, intentional harm) claims that arise from a breach of the law's expectations. The content reflects the latest legal precedents concerning such topics as: Establishment of the doctor-patient relationship and liability for damages caused by its breach, including new rulings governing confidentiality and testimonial privileges Case law regarding informed consent -- especially the issue of competency when dealing with minors or persons with mental disabilities New rules and regulations restricting the use of seclusion and restraint Guides to the most recent laws regarding involuntary hospitalization and emergency commitment Insights into recent state court decisions concerning disclosures by therapists of threats of harm by patients against others, including such issues as conflicts between the duty to maintain confidentiality and the duty to protect Reviews of recent legislation proscribing sexual misconduct or prosecuting sexual exploitation of patients under existing rape or sexual assault laws Clinicians will find this wealth of knowledge immediately practical and lawyers will appreciate its in-depth treatment of complex psychiatric issues. With extensive references and a glossary of legal terms, Clinical Manual of Psychiatry and Law deserves a place among the top legal references for mental health professionals.