Thoroughly updated for its Fourth Edition, this award-winning handbook gives mental health professionals authoritative guidance on how the law affects their clinical practice. Each chapter presents case examples of legal issues that arise in practice, clearly explains the governing legal rules, their rationale, and their clinical impact, and offers concrete action guides to navigating clinico-legal dilemmas. This edition addresses crucial recent developments including new federal rules protecting patients' privacy, regulations minimizing use of seclusion and restraint, liability risks associated with newer psychiatric medications, malpractice risks in forensic psychiatry, and new structured assessment tools for violence risk, suicidality, and decisional capacity.
This book is specifically designed for new psychiatrists and all other medical professionals who lack the training necessary to confront the complicated legal and ethical issues that arise at the intersection of the mental health and judicial systems. Written by experts in the field, each chapter begins with a challenging case vignette synthesized from a historical legal case that places the reader in the role of the treatment provider. The text presents details of the legal case, historical significance, and the precedent it set before discussing the core principles of that particular subject area. Each chapter reviews the existing literature and reinforces the most salient points. Topics include risk assessment, substance misuse and the law, legal issues within child and adolescent psychiatry, involuntary medication considerations, and other challenges that are often not sufficiently addressed in training. The text is specifically designed for new psychiatrists and other professionals who are transitioning from their studies into clinical practice, concisely explaining and defining the issues in a practical, reader-friendly tone suitable as both a quick-reference in a busy environment or as a resource for private study. Psychiatry and the Law: Basic Principles is an excellent resource for new psychiatrists, psychologists, social workers, students, and other professionals accommodating medical and legal boundaries in clinical practice.
Updates to this edition: * Clinical and legal issues in the use of clozapine in treatment of schizophrenia* Clinical information and new cases involving tardive dyskinesia* Changes in civil and criminal law regarding right to refuse treatment* An update of clinical guidelines and legal regulations of ECT* An update on suicide risk assessment and new legal cases involving suicide* An update on violence risk assessment and new legal cases involving the duty to protect endangered third parties* New statutes and criminal sanctions regarding sexual misconduct * New statutes limiting the liability of therapists toward third parties who are injured or killed by patients* Changes in the relationship between psychiatrists and nonmedical therapists* Regulatory developments regarding physician impairment* Numerous tables and an updated glossary of legal terms* New section on common terms and abbreviations in legal citations
In this accessible, practical, and comprehensive guide, clinicians will find a wealth of practical knowledge, and lawyers will appreciate its in-depth treatment of complex psychiatric issues. It includes extensive references and a glossary of legal terms. This book replaces "Concise Guide to Psychiatry and Law for Clinicians, 3rd. Ed."
Highly Commended, BMA Medical Book Awards 2014Comprehensive and erudite, Forensic Psychiatry: Clinical, Legal and Ethical Issues, Second Edition is a practical guide to the psychiatry of offenders, victims, and survivors of crime. This landmark publication has been completely updated but retains all the features that made the first edition such a w
Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry. This book is the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.
In keeping with previous volumes in this series, this latest edited collection addresses emerging legal pressure points in clinical psychiatric practice. Supported by recent references to case law, case vignettes, and useful assessment tools, this volume offers guidelines to clinicians on such issues as establishing an appropriate standard of disclosure in informed consent, dealing with the problem of dual loyalties, assessing patient suicide risk, and following proper procedure in the event a patient does commit suicide.
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.
