
The Psychiatrist As Expert Witness
by Gutheil, Thomas G.Buy New
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Summary
Author Biography
Thomas G. Gutheil, M.D., is professor of psychiatry in the Department of Psychiatry at the Beth Israel-Deaconess Medical Center, Harvard Medical School; cofounder of the Program in Psychiatry and the Law at the Massachusetts Mental Health Center; and a Distinguished Life Fellow of the American Psychiatric Association. He is a past president of the American Academy of Psychiatry and Law and the current president of the International Academy of Law and Mental Health. The textbook, Clinical Handbook of Psychiatry and the Law, coauthored with Paul S. Appelbaum, M.D., and now in its fourth edition, received the Manfred S. Guttmacher Award as the outstanding contribution to forensic psychiatric literature.
Table of Contents
About the Author | p. xi |
Preface to the Second Edition | p. xiii |
Acknowledgments | p. xv |
Introduction: What Makes an Expert? | p. 1 |
The Adversarial Context | p. 3 |
The Prime Question | p. 4 |
Confidentiality Warnings | p. 5 |
The Database | p. 5 |
The Socratic Method | p. 6 |
Malingering and Self-Serving Motivation | p. 6 |
Reasonable Medical Certainty | p. 7 |
The Hired Gun Problem | p. 7 |
Treater Versus Expert | p. 8 |
The Humility Factor | p. 9 |
References | p. 10 |
Suggested Readings | p. 10 |
The Expert's Ethical Universe | p. 13 |
The Nonconfidentiality Warning | p. 13 |
Turndown Rates | p. 14 |
Ethics and the Oath | p. 15 |
Problems of Loyalty and Identification | p. 16 |
Nonsexual Seduction and Other Forms of Bias | p. 17 |
The Ultimate Ethical Test | p. 18 |
References | p. 20 |
Suggested Readings | p. 20 |
First Principles | p. 23 |
Initial Negotiations With the Retaining Attorney | p. 24 |
The Stage of Case Review | p. 29 |
References | p. 40 |
Suggested Readings | p. 41 |
Types of Typical Cases | p. 43 |
Psychiatric Malpractice Cases | p. 43 |
Criminal Responsibility Cases | p. 48 |
Evaluation of Emotional Injuries | p. 49 |
High-Profile Cases | p. 51 |
Spotting the Other Side's "Hired Gun" | p. 52 |
References | p. 55 |
Suggested Readings | p. 56 |
Discovery and Depositions | p. 57 |
Interrogatories | p. 57 |
Depositions | p. 58 |
The Video Deposition | p. 70 |
After the Deposition | p. 71 |
References | p. 72 |
Suggested Readings | p. 72 |
The Expert in Trial | p. 73 |
Trial Preparation | p. 73 |
The Daubert Challenge | p. 75 |
Practical Matters | p. 75 |
Testimony | p. 79 |
Crises | p. 86 |
The End of the Affair | p. 87 |
References | p. 88 |
Suggested Readings | p. 89 |
Some Pointers on Expert Witness Practice | p. 91 |
Scheduling Issues | p. 91 |
Priorities | p. 91 |
Trial Time Considerations | p. 92 |
Your So-Called Life | p. 93 |
References | p. 93 |
Suggested Readings | p. 93 |
Writing to and for the Legal System | p. 95 |
The Forensic Report | p. 95 |
General Remarks | p. 96 |
The Experience Factor | p. 101 |
The Criminal Report: An Example | p. 101 |
Suggested Readings | p. 102 |
Developing and Marketing a Forensic Practice | p. 103 |
The Key Approach | p. 104 |
The Delicate Balance | p. 104 |
Strategies | p. 104 |
What About Web Sites? | p. 107 |
Additional Pointers | p. 108 |
References | p. 108 |
Suggested Readings | p. 109 |
Suggested Attendance | p. 109 |
The Expert on the Road: Some Travel Tips for Testifying Away | p. 111 |
Some General Recommendations | p. 112 |
Secrets of Packing | p. 113 |
Secrets of Flying | p. 115 |
Secrets of Staying | p. 115 |
Secrets of Eating | p. 116 |
Secrets of Sleeping | p. 117 |
What to Take to Court | p. 117 |
References | p. 118 |
Suggested Readings | p. 118 |
Epilogue | p. 119 |
Consent Form for Forensic Examination | p. 121 |
Standard Fee Agreement | p. 125 |
Detailed Fee Agreement | p. 129 |
Suggested Readings and Web Sites | p. 131 |
Glossary | p. 135 |
Index | p. 141 |
Table of Contents provided by Ingram. All Rights Reserved. |
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