Retrospective Assessment of Mental States in Litigation


Book Description

"Why did the defendant do it?" Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states -- a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question. This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as Guidelines for conducting retrospective assessments in children and adults Guidelines for the retrospective assessment without benefit of direct examination Assessments of suicide cases in both civil and criminal litigation Psychological testing and interviewing techniques that may assist in retrospective assessment Methods and analysis to help clinicians and attorneys critically evaluate the search for "truth" about the past. This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.




Forensic Mental Health Consulting in Family Law


Book Description

Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague’s work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.




The Psychiatric Report


Book Description

The written report is central to the practice of psychiatry in legal settings. It is required of mental health professionals acting as expert witnesses in criminal cases, civil litigation situations, child custody proceedings and risk assessments. This book provides a theoretical background to psychiatric writing for the law and a practical guide to the preparation of the report. The first section addresses practical and ethical concerns, including the conduct of the forensic psychiatric evaluation, conflicts of interest, record keeping and confidentiality. The second section contains practical and detailed advice on preparing various types of report, including reports for use in criminal and civil litigation, civil commitment hearings and child custody proceedings. A final section covers special issues arising during report preparation including the use of psychological tests and the detection of malingering. This is an essential guide for anyone required to write a psychiatric report.




Causality of Psychological Injury


Book Description

This book offers a welcome expansion on key concepts, terms, and issues in causality. It brings much needed clarity to psychological injury assessments and the legal contexts that employ them. Focusing on PTSD, traumatic brain injury, and chronic pain (and grounding readers in salient U.S. and Canadian case law), the book sets out a multifactorial causality framework to facilitate admissibility of psychological evidence in court.




The American Psychiatric Publishing Textbook of Forensic Psychiatry


Book Description

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.




Handbook of Forensic Assessment


Book Description

The first handbook to explore forensic assessment from psychiatric and psychological perspectives "The editors have assembled a magnificent collaboration between psychiatrists and psychologists to bring forth critical knowledge and insight to the core competency of forensic assessment. This handbook is essential reading and a comprehensive resource for both newly minted and seasoned forensic practitioners." —Robert I. Simon, MD, Director, Program in Psychiatry and Law, Georgetown University School of Medicine "This long-awaited resource blows the dust off traditional standards, shakes the cobwebs out of our old ways of thinking, and shows the practical steps in producing work that will make sense to juries and withstand the most skillful cross-examination. . . . [T]here is no better resource." —Kenneth S. Pope, PhD, ABPP, Diplomate in Clinical Psychology; coauthor, Ethics in Psychotherapy and Counseling, Fourth Edition "From preparation to collection to interpretation to communication of the results, this excellent, comprehensive treasure shows how to conduct forensic assessments. Each splendid evidence-based chapter is presented from the collaboration between psychologists and psychiatrists. It is a must-have resource for forensic experts as well as general practitioners or anyone wishing to understand standard of care in forensic assessment." —Melba Vasquez, PhD, ABPP, 2011 American Psychological Association President The practitioner-oriented coverage in the Handbook of Forensic Assessment examines: The current state of psychology and psychiatry—including requisite clinical competencies, ethical guidelines, and considerations of multidisciplinary collaboration Various approaches to assessments in criminal and civil matters The principles of effective preparation, data collection, and interpretation, as well as communication for each special situation Topics including competence to stand trial, sexual offender evaluations, addictions, child abuse, and education Overarching practice issues, such as practice development, retention, compensation, consultation, and forensic treatment Includes sample reports that demonstrate the integrative potential of both psychology and psychiatry Incorporating a wealth of current and multidisciplinary research, the Handbook of Forensic Assessment is destined to become every mental health professional's most valuable one-stop reference for their forensic work.




Psychological Knowledge in Court


Book Description

PTSD, pain syndromes, traumatic brain injury: these three areas are common features of personal injury cases, often forming the cornerstone of expert testimony. Yet their complex interplay in an individual can make evaluation—and explaining the results in court—extremely difficult. Psychological Knowledge in Court focuses on this triad separately and in combination, creating a unique guide to forensic evaluations that fulfills both legal and clinical standards. Its meticulous review of the literature identifies and provides clear guidelines for addressing core issues in causality, chronicity, and assessment, such as: - Are there any definable risk factors for PTSD? - How prevalent is PTSD after trauma? - How do patients’ emotions relate to their pain experience? - Are current pain assessment methods accurate enough? - What is the role of pre-existing vulnerabilities in traumatic brain injury? - What exactly is "mild" TBI?




The American Psychiatric Publishing Textbook of Suicide Assessment and Management


Book Description

This new edition of Textbook of Suicide Assessment and Management follows the natural sequence of events in evaluating and treating patients: assessment, major mental disorders, treatment, treatment settings, special populations, special topics, prevention, and the aftermath of suicide.




Posttraumatic Stress Disorder in Litigation


Book Description

The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.




Learning Forensic Assessment


Book Description

Providing an excellent resource for forensic psychology undergraduate students, this book offers students the opportunity to learn from experts, through the collection of outstanding articles. Unlike other books in the area that are topic specific, it also gives them comprehensive coverage of the subject. Divided into five broad topic areas, it covers:professional issuesjuvenile assessmentcriminal forensic assessmentcivil forensic assessmentpervasive issues - malingering and psychopathy. Written by a group of internationally renowned contributors and including didactic information as well as pro.