Robert I. Simon - Böcker

What are the facts about psychiatric malpractice? Is it on the increase? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability? The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care to patients. Through a general overview as well as a discussion of specific legal cases, this volume informs the clinician about the major malpractice traps in everyday psychiatric practice.

This 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. The contributors apply their expertise with the goal of developing guidelines for more accurate retrospective assessment of mental states.

This essential collection by 13 leading 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.

Patient suicide is an unavoidable occupational hazard of psychiatric practice. Indeed, it is the rare clinician who does not struggle, even agonize, over the complex task of assessing and managing the risk of suicide in patients. Patient suicides account for the greatest number of malpractice suits field against psychiatrists and for the greatest number of settlements and verdicts covered by professional liability insurers. In this book, written by a clinician for clinicians, Dr. Simon, an established expert in psychiatry and law, offers A solid, easy-to-understand review of how medical malpractice law applies to patient suicides. He discusses the standards of care physicians must meet, the conditions associated with malpractice liability, and how best to minimize risks of litigation. Extensive references to peer-reviewed literature on suicide and recent malpractice cases, including those triggered by patient suicides, which give insight into the latest developments in both the scientific community and the courts.Much-needed practical advice, including advice on working with suicide risk assessments and suicide prevention contracts, on treating suicidal patients in various settings (outpatient, inpatient, collaborative, and emergency), and on coping with issues arising in the aftermath of a patient's suicide (documentation, confidentiality, and survivor care). Clearly defined risk management guidelines that will help clinicians avoid litigation or establish a sound legal defense if sued for malpractice. Numerous case examples that make the theoretical discussions and clinically based risk management guidelines that follow come alive. Rich in advice that draws on the author's more than 40 years of clinical experience, this book serves as an essential aid to clinicians.

Updates to this edition include information on clozapine in treatment of schizophrenia, tardive dyskinesia, ECT, suicide risk assessment, violence risk assessment, numerous tables and an updated glossary of legal terms and new section on common terms and abbreviations in legal citations.

Patient suicide is an unavoidable occupational hazard of psychiatric practice. Indeed, it is the rare clinician who does not struggle, even agonize, over the complex task of assessing and managing the risk of suicide in patients. Patient suicides account for the greatest number of malpractice suits field against psychiatrists and for the greatest number of settlements and verdicts covered by professional liability insurers. In this book, written by a clinician for clinicians, Dr. Simon, an established expert in psychiatry and law, offers A solid, easy-to-understand review of how medical malpractice law applies to patient suicides. He discusses the standards of care physicians must meet, the conditions associated with malpractice liability, and how best to minimize risks of litigation. Extensive references to peer-reviewed literature on suicide and recent malpractice cases, including those triggered by patient suicides, which give insight into the latest developments in both the scientific community and the courts.Much-needed practical advice, including advice on working with suicide risk assessments and suicide prevention contracts, on treating suicidal patients in various settings (outpatient, inpatient, collaborative, and emergency), and on coping with issues arising in the aftermath of a patient's suicide (documentation, confidentiality, and survivor care). Clearly defined risk management guidelines that will help clinicians avoid litigation or establish a sound legal defense if sued for malpractice. Numerous case examples that make the theoretical discussions and clinically based risk management guidelines that follow come alive. Rich in advice that draws on the author's more than 40 years of clinical experience, this book serves as an essential aid to clinicians.

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.

Mental health professionals will find this book to be timely and necessary—for their patients, but also for the families and communities who rely on their professional judgment in assessing and managing potentially violent individuals. The editors lend the breadth and depth of their experience to this volume.

This important, multidisciplinary volume presents evidence-based analyses and risk assessment strategies for mental health clinicians, trainees, and those interested in finding more effective interventions to decrease the costs of the serious public health problems of gun violence and mental illness.

In this book Simon synthesizes his clinical experience, the shared clinical experiences of colleagues, and the evidence-based psychiatric literature to create an insightful guide which should be an essential component in any practicing psychiatrist's library.