Overview

• Two weeks after Johnny Moore was discharged from a psychiatric hospital, the deeply troubled teenager took a lethal overdose of the antidepressant prescribed by his psychiatrist. • Dennis Gould suffered from paranoid schizophrenia. He let a streetcar cut off his right arm rather than carry out his divine mission to kill his ex-girlfriend, Shelley Rotman; three years later––while under psychiatric care and after several hospitalizations––Gould stabbed the young woman to death with his left arm.  • After seven months of psychotherapy as his only treatment in a private psychiatric hospital, Raphael Osheroff’s symptoms of the agitated depression that had destroyed his medical practice and personal life were more severe than ever. At a second hospital, Osheroff was given the antidepressant drugs he had been asking for––and he rapidly improved. • Joan Barkley went to Dr. Jonathan Fox for help in overcoming her addiction to Darvon. After a year of therapy, the twice-weekly  sessions turned into intense sexual encounters, which continued for two years. James Kelley tells the true stories of people who sought help from psychiatrists and ended up suing them for malpractice. These tales are compelling, tragic, and sometimes bizarre. They offer a unique view into a relationship that is normally confidential and caring––but can be catastrophic when it goes wrong. Kelley discusses several cases that received national attention: former Reagan administration press secretary James Brady's suit against the psychiatrist who had been treating John Hinckley; the Tarasoff decision that established the psychiatrist’s duty to warn potential victims of a patient’s threats; and the disciplinary proceedings against Dr. Margaret Bean-Bayog for her unusual “mothering” treatment of Paul Lozano. Kelley accompanies detailed accounts of courtroom clashes––based on court records––with clear, even-handed treatments of four kinds of psychiatric malpractice cases: a patient’s suicide, a patient’s violence against other people, a psychotherapist's sexual misconduct, and the use of unconventional treatments. With a wealth of examples, he explains the role of psychiatrists as expert witnesses against each other, the difficulties of predicting the outcomes of these suits, and the balances psychiatrists and judges have to strike between the duties owed to patients, on the one hand, and to society on the other.  Whether you identify with the patients or the psychiatrists, you will find these tales unforgettable. Kelley writes in nontechnical language for the general reader, stressing the human elements. His lucid analyses of key, current issues make his book essential reading for professionals in mental health or law––and for anyone contemplating a malpractice suit.  

Full Product Details

Author:   James L. Kelley
Publisher:   Rutgers University Press
Imprint:   Rutgers University Press
Edition:   None ed.
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.454kg
ISBN:  

9780813523231

ISBN 10:   0813523230
Pages:   250
Publication Date:   01 August 1996
Recommended Age:   From 18 to 99 years
Audience:   General/trade ,  College/higher education ,  Professional and scholarly ,  General ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

"Chapter 1. Introduction Chapter 2. The Law of Psychiatric Malpractice PART I. Suicide Chapter 3. The Walking Suicide Time Bomb Chapter 4. Bum Rap in Orlando Chapter 5. Suicide: The Therapist as Scapegoat PART II. Violence Against Others Chapter 6. Man with a Mission Chapter 7. Search and Destroy Chapter 8. A Danger to Others PART III. Standards of Psychiatric Care Chapter 9. Dr. Osheroff's Case Chapter 10. Dr. Bean-Bayog: The Therapist as Mom Chapter 11. In Search of a Standard of Care PART IV. Sexual Misconduct Chapter 12. Mrs. Barkley, Twice a Week Chapter 13. One Doesn't Just Say Goodbye Chapter 14. Sex as ""Part of the Therapy"" Chapter 15. Afterword"

Reviews

""This elegantly written book brings fascinating legal controversies to life. Kelley does a remarkable job of telling vivid stories about actual doctors and patients without sacrificing fairness or depth. Psychiatric Malpractice makes vital contribution to our understanding of the intersection of law and medicine."" -- Steven Goldberg * Professor of Law, Georgetown University Law Center, author of Culture Clash: Law and Science in Amer * ""With sensitivity to the plight of both the plaintiff (the patient) and the defendant (the psychiatrist), Mr. Kelley tells what happened in real psychiatric malpractice cases, who won, and the often subtle reasons why. An exceptional and exciting book!"" -- Jonas R. Rappeport * M.D., Medical Director (retired), American Academy of Psychiatry and the Law * ""Consumers of psychiatric services and professionals in all of the mental health fields will find this fine book extremely useful. It is unique in covering a wide range of malpractice cases."" -- Gary R. Schoener * psychologist and author of Psychotherapists' Sexual Involvement with Clients * ""Behind the emotionless legal citations, psychiatric malpractice cases hold gripping tales of human tragedy. James Kelley tells it with a heart, also reminding us that the law offers only a paltry remedy for our human condition. Kelley's book makes psychiatric misadventures read like a novel."" -- Robert I. Simon * M.D., P.A., Georgetown University School of Medicine * ""Kelley recounts the stories of both patients and psychiatrists with the flair of a mystery writer, the compassion of a fellow traveler, and the insight of a seasoned attorney. He is a sensitive observer and a thorough reporter. The tales are engrossing."" -- Linda Mabus Jorgenson * Esq., coauthor of Sexual Abuse by Professionals: A Legal Guide *

Behind the emotionless legal citations, psychiatric malpractice cases hold gripping tales of human tragedy. James Kelley tells it with a heart, also reminding us that the law offers only a paltry remedy for our human condition. Kelley's book makes psychiatric misadventures read like a novel. --Robert I. Simon M.D., P.A., Georgetown University School of Medicine Consumers of psychiatric services and professionals in all of the mental health fields will find this fine book extremely useful. It is unique in covering a wide range of malpractice cases. --Gary R. Schoener psychologist and author of Psychotherapists' Sexual Involvement with Clients Kelley recounts the stories of both patients and psychiatrists with the flair of a mystery writer, the compassion of a fellow traveler, and the insight of a seasoned attorney. He is a sensitive observer and a thorough reporter. The tales are engrossing. --Linda Mabus Jorgenson Esq., coauthor of Sexual Abuse by Professionals: A Legal Guide With sensitivity to the plight of both the plaintiff (the patient) and the defendant (the psychiatrist), Mr. Kelley tells what happened in real psychiatric malpractice cases, who won, and the often subtle reasons why. An exceptional and exciting book! --Jonas R. Rappeport M.D., Medical Director (retired), American Academy of Psychiatry and the Law This elegantly written book brings fascinating legal controversies to life. Kelley does a remarkable job of telling vivid stories about actual doctors and patients without sacrificing fairness or depth. Psychiatric Malpractice makes vital contribution to our understanding of the intersection of law and medicine. --Steven Goldberg Professor of Law, Georgetown University Law Center, author of Culture Clash: Law and Science in Amer

"""Behind the emotionless legal citations, psychiatric malpractice cases hold gripping tales of human tragedy. James Kelley tells it with a heart, also reminding us that the law offers only a paltry remedy for our human condition. Kelley's book makes psychiatric misadventures read like a novel.""--Robert I. Simon ""M.D., P.A., Georgetown University School of Medicine"" ""Consumers of psychiatric services and professionals in all of the mental health fields will find this fine book extremely useful. It is unique in covering a wide range of malpractice cases.""--Gary R. Schoener ""psychologist and author of Psychotherapists' Sexual Involvement with Clients"" ""Kelley recounts the stories of both patients and psychiatrists with the flair of a mystery writer, the compassion of a fellow traveler, and the insight of a seasoned attorney. He is a sensitive observer and a thorough reporter. The tales are engrossing.""--Linda Mabus Jorgenson ""Esq., coauthor of Sexual Abuse by Professionals: A Legal Guide"" ""With sensitivity to the plight of both the plaintiff (the patient) and the defendant (the psychiatrist), Mr. Kelley tells what happened in real psychiatric malpractice cases, who won, and the often subtle reasons why. An exceptional and exciting book!""--Jonas R. Rappeport ""M.D., Medical Director (retired), American Academy of Psychiatry and the Law"" ""This elegantly written book brings fascinating legal controversies to life. Kelley does a remarkable job of telling vivid stories about actual doctors and patients without sacrificing fairness or depth. Psychiatric Malpractice makes vital contribution to our understanding of the intersection of law and medicine.""--Steven Goldberg ""Professor of Law, Georgetown University Law Center, author of Culture Clash: Law and Science in Amer"""

Author Information

James L. Kelley is a lawyer and writer who resides in Takoma Park, Maryland.

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