By Paul S. Appelbaum MD, Thomas G. Gutheil MD
Thoroughly up-to-date for its Fourth version, this award-winning guide supplies psychological health and wellbeing pros authoritative tips on how the legislation impacts their medical perform. every one bankruptcy offers case examples of criminal matters that come up in perform, in actual fact explains the governing criminal ideas, their motive, and their scientific impression, and gives concrete motion publications to navigating clinico-legal dilemmas. This variation addresses an important fresh advancements together with new federal principles holding sufferers' privateness, laws minimizing use of seclusion and discretion, legal responsibility dangers linked to more moderen psychiatric medicinal drugs, malpractice dangers in forensic psychiatry, and new dependent evaluate instruments for violence danger, suicidality, and decisional capacity.
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Additional resources for Clinical Handbook of Psychiatry and the Law (CLINICAL HANDBOOK OF PSYCHIATRY & THE LAW
When subpoena arrives, remember that it mandates your appearance only—judge must still decide if privilege exists. 4. Consult with lawyer requesting subpoena to see what information is desired. 5. Notify patient and patient’s lawyer of arrival of subpoena, giving them a chance to challenge it. 6. Consultation with your own lawyer may be useful. 7. If your testimony is inevitable, follow checklist C-3 through C-6. VII. SUGGESTED READINGS A. CONFIDENTIALITY AND PRIVILEGE 1. Appelbaum PS. Privacy in psychiatric treatment: threats and responses.
In more practical terms, clinicians should recall that the patient, if able, may pass along information in those ambiguous situations in which the requirements of confidentiality are uncertain. The patient can inform family, agencies, and other caregivers. The more tricky and complex the situation, the more valuable the patient’s role. Having the patient convey important information has a particular value in a most counterintuitive context: having the patient warn a putative victim of his dangerousness.
Do not alter or destroy records before patient sees them—potential legal liability. D. CHECKLIST FOR REVELATION OF INFORMATION IN COURT PROCEEDINGS 1. If request is from patient, no privilege applies—handle as in checklist C, above. 2. If request is from party opposing patient, determine laws governing privilege in your locale. a. If no patient-doctor or patient-psychotherapist privilege exists, handle as in checklist B-3, -4, and -5. b. If privilege exists, determine if this case constitutes an exception or not.
Clinical Handbook of Psychiatry and the Law (CLINICAL HANDBOOK OF PSYCHIATRY & THE LAW by Paul S. Appelbaum MD, Thomas G. Gutheil MD