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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.

American Psychiatric Publishing

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Editorial Reviews

J clin psychiatry

Overall, this is a well-written manual that summarizes the law as it relates to the practice of mental health as well as provides possible solution to daily issues that clinicians may face. The book is not only informative but will be a useful reference for clinical who hope to take precautions to avoid undue litigation while not insulating themselves so much as to make patient care concerns secondary to fear of legal problems. This manual will be useful not only for mental health professionals but also for physicians in other fields -- primary care, family practice, internal medicine, emergency medicine -- who find themselves dealing with mental health issues in their regular practice.

The Journal of the American Academy of Psychiatry and the Law
This book should become a well thumbed addition to the libraries of practicing psychiatrists and trainees who want to provide competent care while being cognizant of the legal foundation for safe clinical practice.
The journal of the American Academy of Psychiatry and the Law

This book should become a well thumbed addition to the libraries of practicing psychiatrists and trainees who want to provide competent care while being cognizant of the legal foundation for safe clinical practice.

Doody's Review Service
Reviewer: Steven T. Herron, MD (University of Arizona Health Sciences Center)
Description: Highlighting major interactions between the practice of psychiatry and the rule of law, this book introduces the audience to many key concepts related to providing appropriate psychiatric care in various clinical settings.
Purpose: The authors identify two significant reasons for penning this work. One, to assist psychiatrists (and other mental health providers) in understanding "what the law requires of them" and, two, to better educate those in the judicial system about concepts related to the clinical practice of psychiatry.
Audience: While focused mainly on those working within the mental health system (psychiatrists and psychologists), this book is also meant to be useful for members of the judicial system, such as judges, attorneys, and paralegals.
Features: Though brief in its presentation, this book informs readers about the major areas related to the practice of psychiatry from a clinical standpoint. The chapters related to assessing the potential risk of violence in a patient and assessing suicidal risk are most clinically valuable, as they offer brief screening tools that can be used to assist an evaluator in making informed clinical decisions about treatment and follow-up. The references at each chapter's end are appropriate and up-to-date.
Assessment: Though this book is geared to a different audience than many other "forensic" books I have reviewed, it is quite appropriate for the general psychiatric practitioner with regard to the information covered and the material offered. By addressing many of the major legal concepts related to the care of mentally ill individuals, the authors are able to provide relevant information in a condensed, practical manner for individuals lacking significant experience in forensic psychiatry. Despite its content, the authors use easy to understand language and explain difficult concepts in a nonconfrontational manner. This book is an invaluable reference and should be added to the library of all providers in the field of mental health.
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Product Details

  • ISBN-13: 9781585622498
  • Publisher: American Psychiatric Publishing, Incorporated
  • Publication date: 12/28/2006
  • Edition description: New Edition
  • Pages: 263
  • Product dimensions: 5.50 (w) x 8.25 (h) x 0.50 (d)

Meet the Author

Robert I. Simon, M.D., is Clinical Professor of Psychiatry and Director of the Program in Psychiatry and Law at Georgetown University School of Medicine in Washington, D.C.

Daniel W. Shuman, J.D., is Professor of Law at the Dedman School of Law at Southern Methodist University in Dallas, Texas.

American Psychiatric Publishing

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Table of Contents

Preface. Psychiatry and the law. The doctor-patient relationship. Confidentiality and testimonial privilege. Informed consent and the right to refuse treatment. Tort liability. Seclusion and restraint. Involuntary hospitalization. The suicidal patient. Psychiatric responsibility and the violent patient. Maintaining treatment boundaries. Appendices. Index.

American Psychiatric Publishing

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