Overview

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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9781585622498

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Reviews

<p> This book should become a well thumbed addition to the libraries of practicing psychiatrists and trainees who want to provide competent care while being cognizant of the legal foundation for safe clinical practice. -- The journal of the American Academy of Psychiatry and the Law , September 2008

Overall, this is a well-written manual that summarizes the law as it relates to the practice of mental health as well as provides possible solution to daily issues that clinicians may face. The book is not only informative but will be a useful reference for clinical who hope to take precautions to avoid undue litigation while not insulating themselves so much as to make patient care concerns secondary to fear of legal problems. This manual will be useful not only for mental health professionals but also for physicians in other fields-primary care, family practice, internal medicine, emergency medicine-who find themselves dealing with mental health issues in their regular practice. - J clin psychiatry, September 9, 2007

By addressing many of the major legal concepts related to the care of mentally ill individuals, the authors are able to provide relevant information in a condensed, practical manner for individuals lacking significant experience in forensic psychiatry. Despite its content, the authors use easy to understand language and explain difficult concepts in a nonconfrontational manner. [Clinical Manual of Psychiatry and Law] is an invaluable reference and should be added to the library of all providers in the field of mental health. * Doody's Book Review Service * Overall, this is a well-written manual that summarizes the law as it relates to the practice of mental health as well as provides possible solution to daily issues that clinicians may face. The book is not only informative but will be a useful reference for clinical who hope to take precautions to avoid undue litigation while not insulating themselves so much as to make patient care concerns secondary to fear of legal problems. This manual will be useful not only for mental health professionals but also for physicians in other fields-primary care, family practice, internal medicine, emergency medicine-who find themselves dealing with mental health issues in their regular practice. * Journal of Clinical Psychiatry * This book should become a well thumbed addition to the libraries of practicing psychiatrists and trainees who want to provide competent care while being cognizant of the legal foundation for safe clinical practice. * The Lournal of the American Academy of Psychiatry and the Law *

Author Information

Robert I. Simon, M.D., is Clinical Professor of Psychiatry and Director of the Program in Psychiatry and Law at Georgetown University School of Medicine in Washington, D.C. Daniel W. Shuman, J.D., is Professor of Law at the Dedman School of Law at Southern Methodist University in Dallas, Texas.

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