Psychiatry and the Law: Basic Principles PDF
Preview Psychiatry and the Law: Basic Principles
Psychiatry and the Law Basic Principles Tobias Wasser Editor 123 Psychiatry and the Law Tobias Wasser Editor Psychiatry and the Law Basic Principles Editor Tobias Wasser Yale University School of Medicine New Haven, CT USA ISBN 978-3-319-63147-9 ISBN 978-3-319-63148-6 (eBook) DOI 10.1007/978-3-319-63148-6 Library of Congress Control Number: 2017958739 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher re-mains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Preface The practice of psychiatry is one of the most heavily legally regulated of all medical specialties. Understanding how psychiatry and the law interface provides a founda- tion upon which to build one’s skills and habits through training and beyond. This book can be used to guide or supplement education on the legal regulation of psy- chiatry, the use of psychiatry to answer legal questions, and the treatment of crimi- nally involved individuals. It is designed to introduce students, trainees, and practicing mental health professionals to core concepts at the intersection of psy- chiatry and the law, with each chapter focusing on a topic relevant to clinical prac- tice. Authors of each chapter are emerging experts in the field who all completed their forensic training in the Law and Psychiatry Division of the Department of Psychiatry at the Yale University School of Medicine, a nationally recognized train- ing institution for forensic psychiatry and psychology. The authors are well versed in their chapter’s particular subject matter, making them ideally suited to identify the most relevant, high-yield topics for students, trainees, and others looking for a brief primer on the topic. New Haven, CT, USA Tobias Wasser v About the Editor Tobias Wasser, MD, was born in New York City as the second of five siblings. He is a fourth genera- tion physician and third generation psychiatrist within his family and currently lives in Connecticut with his wife and two children. Dr. Wasser obtained his undergraduate degree in psychology at Wesleyan University and then completed medical school at the University of Connecticut School of Medicine. He completed all of his psychiatry training at the Yale University School of Medicine—first com- pleting the psychiatry residency program, before completing fellowships in forensic psychiatry and public psychiatry. He is currently an Assistant Professor in the Department of Psychiatry of the Yale University School of Medicine and on faculty in both the Public Psychiatry and Law and Psychiatry Divisions. He is also the Associate Program Director of the Yale Fellowship in Public Psychiatry and works clinically as the Medical Director of the Whiting Forensic Division of Connecticut Valley Hospital. Dr. Wasser is a clinician-educator whose scholarly endeavors focus on the treatment and evaluation of individuals with serious mental illness at the intersection of the mental health and criminal justice systems, with a particular interest in using novel educational approaches to translate this information to stu- dents, trainees, and practitioners. vii Acknowledgments This work would not have been possible without the incredible leadership of the Law and Psychiatry Division at Yale University. Thus, the authors would like to take a moment to acknowledge the transformational work of Howard Zonana, MD; Ezra Griffith, MD; Michael Norko, MD, MA; Madelon Baranoski, PhD; and Susan Devine, APRN, for their mentorship, support, and inspiration in leading the division over the many years. On a personal note, I would also like to thank my family for their love and sup- port in developing this book. In particular I would like to acknowledge my grand- parents, Leonard and Ruth; parents, Lisa and Larry; wife, Marla; and children, Mikayla and Jacob, without whom this work would not have been possible. ix Contents 1 Introduction: Why Understanding the Law Matters . . . . . . . . . . . . . . . . 1 Tobias Wasser and Katherine Michaelsen 2 Informed Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Simha E. Ravven 3 Confidentiality and Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amanda Yuan Sun and Tobias Wasser 4 Duties to Third Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Katherine Michaelsen 5 Voluntary and Involuntary Hospitalization . . . . . . . . . . . . . . . . . . . . . . . 53 Stephanie Yarnell and Reena Kapoor 6 Civil Commitment and Involuntary Outpatient Commitment . . . . . . . . 63 Marina Nakic 7 Involuntary Medication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Kyle C. Walker 8 Civil Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Maya Prabhu 9 Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Karsten M. Heil and Charles C. Dike 10 Malpractice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Scott Walmer 11 Suicide Risk Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Ish P. Bhalla and Kevin V. Trueblood 12 Violence Risk Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Alexander Westphal 13 Substance Abuse and the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Lindsay Oberleitner xi xii Contents 14 Child and Adolescent Forensic Psychiatry . . . . . . . . . . . . . . . . . . . . . . . 163 Carlos A. Salgado 15 Special Topics in Forensic Psychiatry: The Insanity Defense and Competence to Stand Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Hassan M. Minhas 16 Conclusion: How to Learn More About Forensic Psychiatry . . . . . . . . 183 Tobias Wasser Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Contributors Ish P. Bhalla Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Charles C. Dike Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Karsten M. Heil Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Reena Kapoor Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Katherine Michaelsen University of Washington School of Medicine, Department of Psychiatry and Behavioral Sciences, VA Puget Sound Health Care System, Seattle, WA, USA Hassan M. Minhas Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Marina Nakic Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Lindsay Oberleitner Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Maya Prabhu Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Simha E. Ravven Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Carlos A. Salgado The Brodes H. Hartley Jr. Teaching Health Center, Miami, FL, USA Amanda Yuan Sun Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA Kevin V. Trueblood Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT, USA xiii
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