The Psychiatrist as Expert Witness

by Thomas G. Gutheil MD

Overview

Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998.

A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well.

As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: • A glossary of useful terms • Expanded definitions of key concepts• A lengthened discussion of bias in testimony• Additional illustrative examples• A model forensic consent form for examination• Cases and principles that have arisen since the first edition

The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings.

While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.

Product Details

ISBN-13:	9781585628933
Publisher:	American Psychiatric Publishing, Incorporated
Publication date:	02/20/2009
Sold by:	Barnes & Noble
Format:	eBook
Pages:	165
File size:	2 MB
Age Range:	18 Years

About the Author

Thomas G. Gutheil, M.D., is professor of psychiatry in the Department of Psychiatry at the Beth Israel-Deaconess Medical Center, Harvard Medical School; cofounder of the Program in Psychiatry and the Law at the Massachusetts Mental Health Center; and a Distinguished Life Fellow of the American Psychiatric Association. He is a past president of the American Academy of Psychiatry and Law and the current president of the International Academy of Law and Mental Health. The textbook, Clinical Handbook of Psychiatry and the Law, coauthored with Paul S. Appelbaum, M.D., and now in its fourth edition, received the Manfred S. Guttmacher Award as the outstanding contribution to forensic psychiatric literature.

Table of Contents

About the AuthorPreface to the Second EditionAcknowledgmentsChapter 1. Introduction: What makes an expert?Chapter 2. The expert's ethical universeChapter 3. First principlesChapter 4. Types of typical casesChapter 5. Discovery and depositionsChapter 6. The expert in trialChapter 7. Some pointers on expert witness practiceChapter 8. Writing to and for the legal systemChapter 9. Developing and marketing a forensic practiceChapter 10. The expert on the road: Some travel tips for testifying awayChapter 11. EpilogueAppendix 1: Consent form for forensic examinationAppendix 2: Standard fee agreementAppendix 3: Detailed fee agreementAppendix 4: Suggested readings and web sitesGlossaryIndex

What People are Saying About This

Jeffrey S. Janofsky

A clear, practical guide for effective and ethical courtroom practice. Dr. Gutheil has created a must-read resource for both beginning and experienced forensic psychiatrists.

Phillip J. Resnick

A lifetime of forensic wisdom is crystalized in this highly readable, practical guide. No book is better for the beginning expert.

Bradley W. Freeman

Dr. Gutheil's guide for the expert witness is a bright lighthouse for practitioners who are eager to navigate the difficult yet exciting waters of forensic psychiatry. Psychiatrists new to the forensic arena ill greatly benefit from the author's exhaustive experiences and gain confidence in undertaking this type of work.(The Journal of Clinical Psychiatry)

Robert I. Simon

The novice expert witness beware—read this book before raising your hand in court. Dr. Gutheil, a nationally and internationally renowned forensic psychiatrist provides essential information and hard-won experience to the fledgling expert witness. The role of the expert witness can be lonely and unnerving. Dr. Gutheil is the unfailing guide, just an arm's reach away.

Eric Y. Drogin

In the eagerly anticipated update to a classic that has shaped expert witness practice for over a decade, leading forensic psychiatrist Thomas G. Gutheil has delivered just what the doctor ordered. For courtroom practitioners of all mental health disciplines, reading the second edition of The Psychiatrist as Expert Witness will be as compulsive as it is compulsory: invaluable insights, blunt truths, and engaging humor are dispensed with a unique blend of clinical precision and literary flair.

William H. Reid

The second edition of Dr. Gutheil's classic for nonforensic and new forensic psychiatrists issignificantly revised and better than the first, but retains its conveniently small size. The book is concise, well organized, and eminently readable. The principles are clear and the advice very practical, with many case illustrations and examples of the author's dry wit (don't try that during testimony).(MD, MPH, Journal of Psychiatric Practice)

Kenneth S. Pope

Even better than the classic first edition! No expert witness should set foot in a courtroom without reading this wise, informative, and user-friendly guide written by a giant in the field. An invaluable gift to both beginning and seasoned experts.

James T. Hilliard

Dr. Gutheil has created a work that provides excellent advice and guidance to both the 'beginning' and seasoned expert... A 'must read' for all clinicians interested in this area of practice.
—(James T. Hilliard, Esq., General Counsel, Massachusetts Psychiatric Society, Lecturer on Law, Harvard Medical School, Department of Psychiatry, Cambridge, Massachusetts)

Editorial Reviews

4 Stars! from Doody

This excellent new handbook attempts to provide the novice forensic psychiatric expert with helpful advice about the unique issues associated with work as an expert witness. It takes the reader through each step of a forensic case: initial negotiations with the attorney, the evaluation, discovery and depositions, common pitfalls, travel, and testimony in court. A useful section on the ethics of forensic psychiatry practice is appropriately placed early in the book. The author, Vice President of the American Academy of Psychiatry and the Law and an acknowledged leader in the field of forensic psychiatry, wrote this book with the goal of increasing the knowledge and skills of both the novice expert witness and of those contemplating the role for the first time. This practical and concise handbook succeeds in meeting these objectives. Although the book is targeted toward the novice expert witness, more seasoned experts will appreciate the model fee agreements provided in the appendixes. Senior psychiatry residents who have already read more formal textbooks of psychiatry and law and are considering additional training in forensic psychiatry will find this book a useful and quick introduction to the unique aspects of being an expert witness. The book features concise, readable chapters arranged in a logical format. The table of contents and glossary enable the reader to rapidly locate particular topics in the text. The appendixes, with sample fee agreements, are particularly unique, as is the advice on scheduling, travel, and marketing. The reader may wish to supplement the chapter on forensic report writing with additional materials. This is a user-friendly, practical book about theunique aspects of work as an expert witness in psychiatry. It does not substitute for a fellowship in forensic psychiatry, nor should it be read in lieu of a more formal textbook of psychiatry and law. However, as a practical guide to actually doing expert witness work, it is superb

Gregg Bassett

...a thorough how-to manual for the psychiatrist who has testified and found it not so bad after all, and for all who might consider serving as expert witnesses voluntarily.

Focus, Harvard Medical School

The text is an excellent reference for either the novice or seasoned practitioner encountering the ethical, clinical, and practical issues of the expert witness, as well as hazards and pitfalls inherent to this arena.

American Journal of Psychiatry

This is a user-friendly, practical book about the unique aspects of work as an expert witness in psychiatry.

Doodys Health Sciences Book Review Journal

Provides practical advice for psychiatrists entering the law environment in the role of expert witness, guiding professionals through the legal process and highlighting pitfalls. Uses wit and an informal tone to describe the ethical, clinical, and functional role of the expert witness, and details aspects of case evaluation, discovery and depositions, and trials. Also covers writing reports, marketing, and fee agreements. A companion to The Psychiatrist in Court: A Survival Guide. Annotation c. by Book News, Inc., Portland, Or.

Booknews

Dr. Gutheil's guide for the expert witness is a bright lighthouse for practitioners who are eager to navigate the difficult yet exciting waters of forensic psychiatry. Psychiatrists new to the forensic arena ill greatly benefit from the author's exhaustive experiences and gain confidence in undertaking this type of work.

The Journal of Clinical Psychiatry - Bradley W. Freeman

The second edition of Dr. Gutheil's classic for nonforensic and new forensic psychiatrists issignificantly revised and better than the first, but retains its conveniently small size. The book is concise, well organized, and eminently readable. The principles are clear and the advice very practical, with many case illustrations and examples of the author's dry wit (don't try that during testimony).

Journal of Psychiatric Practice - William H. Reid

Reviewer: Steven T Herron, MD (CPI/Assurance Health and Wellness)
Description: Updated from the 1998 first edition, this book provides both introductory information and more advanced discussion of the many facets of the practice of forensic psychiatry.
Purpose: Directed at those early in their forensic careers, the book aims to enhance their knowledge and skill sets, while being a helpful reference for those considering entry into this interesting and challenging field.
Audience: Although penned primarily for those contemplating or beginning their careers in forensic psychiatry, it also may be useful for more experienced professionals as it provides some tried and true methods, tested by one of the leaders in the field.
Features: The author walks readers through much of the basics needed to understand the functions of a forensic expert and provides some very practical information about an expert's interaction with the legal system, such as writing reports, testifying, and developing and marketing a forensic practice. Each chapter ends with a list of current and relevant suggested readings.
Assessment: I purchased the first edition of this book a few years after its publication, and it has served its purpose in my library. The second edition seems to retain the best of the previous edition, while updating and improving it extensively to mirror the current environment for forensic practitioners. The author's writing style is both entertaining and informative, and he has a unique ability to explain even the most complex concepts in an easily digestible manner. Readers benefit extensively from his experience and comprehensive knowledge base. In addition, the valuable appendixes contain sample fee agreements and consent forms, which can be frustrating and time consuming to construct from scratch. This should be on the reference shelf of both new and experienced forensic practitioners.

Doody's Review Service

Dr. Gutheil's guide for the expert witness is a bright lighthouse for practitioners who are eager to navigate the difficult yet exciting waters of forensic psychiatry. Psychiatrists new to the forensic arena ill greatly benefit from the author's exhaustive experiences and gain confidence in undertaking this type of work.

M.D. The Journal of Clinical Psychiatry Bradley W. Freeman

The second edition of Dr. Gutheil's classic for nonforensic and new forensic psychiatrists issignificantly revised and better than the first, but retains its conveniently small size. The book is concise, well organized, and eminently readable. The principles are clear and the advice very practical, with many case illustrations and examples of the author's dry wit (don't try that during testimony).

WILLIAM H. REID