Daniel W. Shuman – författare
Doing Legal Research
A Guide for Social Scientists and Mental Health Professionals
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Doing Legal Research
A Guide for Social Scientists and Mental Health Professionals
1 777 kr
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1 487 kr
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As many as one in four adults in the workforce will suffer from psychiatric illness in a given year. Such illness can have serious consequences -- job loss, lawsuits, workplace violence—yet the effects of mental health issues on job functioning are rarely covered in clinical training. In addition, clinicians are often asked to provide opinions on an employee’s fitness for work or an evaluation for disability benefits, only to find themselves embroiled in complex legal and administrative conflicts. A unique collaboration between a renowned clinical professor of psychiatry and a noted legal expert, Evaluating Mental Health Disability in the Workplace approaches the topic from two distinct areas: the legal context and issues relevant to disability and disability-related evaluations, and the interplay of factors in the relationship between work and psychiatric illness. From this dual perspective, the authors advocate for higher professional standards ensuring that employers, evaluees, or third parties are provided with the most reliable information.
Key features of the book:
A robust assessment model of psychological disability in the workplacePractice guidelines for conducting workplace mental health disability evaluationsLegal and ethical aspects of employment evaluations, especially as they differ from clinical procedureExamination of the process of psychiatric disability developmentIssues specific to evaluations for Social Security, Workers’ Compensation, and other disability benefit programsReview of relevant administrative and case law.As an introduction to these complex issues or for the further improvement of evaluation skills, Evaluating Mental Health Disability in the Workplace is a timely reference for psychiatrists, psychologists, forensic mental health specialists, andattorneys in this field.
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961 kr
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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.
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"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.