The Mental Health Practitioner and the Law: A Comprehensive Handbook / Edition 1

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Overview

"Could I be sued?" The exploding number of malpractice lawsuits in recent years has brought this question to the mind of every clinician---the conscientious as well as the negligent.

A unique and practical guide to clinical risk management, this book combines the expertise of mental health professionals, judges, attorneys, and insurance industry experts, to help the clinician provide effective treatment while reducing the risk of legal liability. Wide-ranging, clinically based, and up to date, it will be a welcome guide for medical and surgical practitioners as well.

The first section gives clinicians a working knowledge of legal regulation in psychiatry and medicine, covering informed consent, documentation of patient care, and potential conflicts of interest. The second section identifies high-risk areas for lawsuits, including managing suicidal and violent patients, boundary violations, supervision issues, prescription of medications, liability in managed care settings, and treatment termination. The book concludes with a primer on clinical testimony in the courtroom.

The broad range of distinguished contributors to this volume will provide a survival guide to clinicians in the increasingly complex and rapidly changing world of health care.

Incl. liability issues w/managed care; child & adolescent therapy; violent & suicidal patients; prescribing meds etc.

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Editorial Reviews

Robert L. Sadoff
This is a book that is must reading for all clinicians who wish to practice in the ever changing world of managed care and increasing litigation, and who wish to provide optimal care for their patients while remaining relatively risk free… The point is well made that provision of high-level care for the patient will be the best protection for the clinician.
Paul S. Appelbaum
Lifson and Simon have put together an excellent guide for those clinicians trying to dodge the fusillade of malpractice claims now being leveled at them. The discussions are sophisticated and the advice is practical.
Philip J. Resnick
This book provides a marvelous compendium of advice to reduce the chances of being injured in the minefield of mental health malpractice.
Abraham L. Halpern
A tour de force. These distinguished editors brought together forensic mental health practitioners and legal scholars to produce an up—to--date, readable, comprehensive book brimming with important information and guidelines. It will do much to help all mental health practitioners maintain an enjoyable practice, provide optimal care for their patients and reduce the risk of legal liability.
Kenneth S. Pope
Lifson and Simon's handbook illuminates the pitfalls of practice and provides approaches that are thoughtful, informed, and practical. A wonderful antidote for lidgaphobia and the counterproductive excesses of defensive practice.
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Product Details

  • ISBN-13: 9780674697218
  • Publisher: Harvard University Press
  • Publication date: 5/28/1998
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 116
  • Product dimensions: 6.50 (w) x 9.30 (h) x 1.20 (d)

Meet the Author

Lawrence E. Lifson is a Lecturer on Psychiatry at the Harvard Medical School and Director of the Continuing Education Program in the Harvard Medical School Department of Psychiatry at Massachusetts Mental Health Center. He is the editor of Understanding Therapeutic Action.

Robert I. Simon is Director of the Program in Psychiatry and Law and Clinical Professor of Psychiatry at Georgetown University School of Medicine, and is the author of Clinical Psychiatry and the Law and editor of the Review of Clinical Psychiatry and the Law.

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Table of Contents

Introduction
Lawrence E. Lifson, M.D., and Robert I. Simon, M.D.

Liability Prevention

The Harvard Medical Practice Study
Troyen Brennan, M.D., J.D., MPH

Informed Consent
Marilyn Berner, J.D., LICSW

Liability Issues with Managed Care
James Hilliard, J.D.

Write Smarter, Not Longer
Marilyn Berner, J.D., LICSW

Child and Adolescent Therapy
Renee Tankenoff Brant, M.D., and Hon. Jonathan Brant

The Perspective of the Insurer
Peggy Berry Martin, M.Ed., A.R.M.

What Your Licencing Board Expects of You
Richard Waring, J.D.

Malpractice Minefields

Litigation Hot Spots in Clinical Practice
Robert I. Simon, M.D.

Supervisor, Supervisee, and Medical Backup
Thomas G. Gutheil, M.D.

The Violent Patient
James Beck, M.D., Ph.D., and Prudence Baxter, M.D.

The Suicidal Patient
Robert I. Simon, M.D.

Pitfalls of Prescribing Medications
James Hilliard, J.D.

Boundary Violations in Psychotherapy
Robert I. Simon, M.D.

Termination of Treatment with Troublesome Patients
James Hilliard, J.D.

The Clinician in Court: A Survival Guide

Witnesses, Depositions, and Trials
Thomas G. Gutheil, M.D.

Patients Who Sue and Clinicians Who Get Sued in the Managed Care Era
Harold J. Bursztajn, M.D., and Archie Brodsky, B.A.

The Wellsprings of Litigation
Thomas G. Gutheil, M.D.

Ethical and Effective Testimony after Daubert
Harold J. Bursztajn, M.D., and Archie Brodsky, B.A.

Suggestions for Expert Witnesses
Larry H. Strasburger, M.D.

Narrative Truth, Historical Truth, and Forensic Truth
Alan Scheflin, J.D., L.L.M.

The Perspective of the Plaintiffís Attorney
Clyde D. Bergstresser, J.D.

Listen to Your Lawyer
David Gould, J.D.

A View from the Bench
Hon. Kermit V. Lipez

Epilogue
Glen O. Gabbard, M.D.

Contributors

Index

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