The Psychiatrist As Expert Witness

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Edition: 2nd
Format: Paperback
Pub. Date: 2009-01-01
Publisher(s): AMERICAN PSYCHIATRIC PUBLISHING INC
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Summary

Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998.A professor of psychiatry at the Beth Israel-Deaconess Medical Center--Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well.As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: • A glossary of useful terms • Expanded definitions of key concepts• A lengthened discussion of bias in testimony• Additional illustrative examples• A model forensic consent form for examination• Cases and principles that have arisen since the first editionThe Psychiatrist as Expert Witnessprovides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings.While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.

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 Authorp. xi
Preface to the Second Editionp. xiii
Acknowledgmentsp. xv
Introduction: What Makes an Expert?p. 1
The Adversarial Contextp. 3
The Prime Questionp. 4
Confidentiality Warningsp. 5
The Databasep. 5
The Socratic Methodp. 6
Malingering and Self-Serving Motivationp. 6
Reasonable Medical Certaintyp. 7
The Hired Gun Problemp. 7
Treater Versus Expertp. 8
The Humility Factorp. 9
Referencesp. 10
Suggested Readingsp. 10
The Expert's Ethical Universep. 13
The Nonconfidentiality Warningp. 13
Turndown Ratesp. 14
Ethics and the Oathp. 15
Problems of Loyalty and Identificationp. 16
Nonsexual Seduction and Other Forms of Biasp. 17
The Ultimate Ethical Testp. 18
Referencesp. 20
Suggested Readingsp. 20
First Principlesp. 23
Initial Negotiations With the Retaining Attorneyp. 24
The Stage of Case Reviewp. 29
Referencesp. 40
Suggested Readingsp. 41
Types of Typical Casesp. 43
Psychiatric Malpractice Casesp. 43
Criminal Responsibility Casesp. 48
Evaluation of Emotional Injuriesp. 49
High-Profile Casesp. 51
Spotting the Other Side's "Hired Gun"p. 52
Referencesp. 55
Suggested Readingsp. 56
Discovery and Depositionsp. 57
Interrogatoriesp. 57
Depositionsp. 58
The Video Depositionp. 70
After the Depositionp. 71
Referencesp. 72
Suggested Readingsp. 72
The Expert in Trialp. 73
Trial Preparationp. 73
The Daubert Challengep. 75
Practical Mattersp. 75
Testimonyp. 79
Crisesp. 86
The End of the Affairp. 87
Referencesp. 88
Suggested Readingsp. 89
Some Pointers on Expert Witness Practicep. 91
Scheduling Issuesp. 91
Prioritiesp. 91
Trial Time Considerationsp. 92
Your So-Called Lifep. 93
Referencesp. 93
Suggested Readingsp. 93
Writing to and for the Legal Systemp. 95
The Forensic Reportp. 95
General Remarksp. 96
The Experience Factorp. 101
The Criminal Report: An Examplep. 101
Suggested Readingsp. 102
Developing and Marketing a Forensic Practicep. 103
The Key Approachp. 104
The Delicate Balancep. 104
Strategiesp. 104
What About Web Sites?p. 107
Additional Pointersp. 108
Referencesp. 108
Suggested Readingsp. 109
Suggested Attendancep. 109
The Expert on the Road: Some Travel Tips for Testifying Awayp. 111
Some General Recommendationsp. 112
Secrets of Packingp. 113
Secrets of Flyingp. 115
Secrets of Stayingp. 115
Secrets of Eatingp. 116
Secrets of Sleepingp. 117
What to Take to Courtp. 117
Referencesp. 118
Suggested Readingsp. 118
Epiloguep. 119
Consent Form for Forensic Examinationp. 121
Standard Fee Agreementp. 125
Detailed Fee Agreementp. 129
Suggested Readings and Web Sitesp. 131
Glossaryp. 135
Indexp. 141
Table of Contents provided by Ingram. All Rights Reserved.

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