Table of Contents

Introduction Lawrence E. Lifson, M.D., and Robert I. Simon, M.D. Liability Prevention The Harvard Medical Practice Study Troyen Brennan, M.D., J.D., MPH Informed Consent Marilyn Berner, J.D., LICSW Liability Issues with Managed Care James Hilliard, J.D. Write Smarter, Not Longer Marilyn Berner, J.D., LICSW Child and Adolescent Therapy Renee Tankenoff Brant, M.D., and Hon. Jonathan Brant The Perspective of the Insurer Peggy Berry Martin, M.Ed., A.R.M. What Your Licencing Board Expects of You Richard Waring, J.D. Malpractice Minefields Litigation Hot Spots in Clinical Practice Robert I. Simon, M.D. Supervisor, Supervisee, and Medical Backup Thomas G. Gutheil, M.D. The Violent Patient James Beck, M.D., Ph.D., and Prudence Baxter, M.D. The Suicidal Patient Robert I. Simon, M.D. Pitfalls of Prescribing Medications James Hilliard, J.D. Boundary Violations in Psychotherapy Robert I. Simon, M.D. Termination of Treatment with Troublesome Patients James Hilliard, J.D. The Clinician in Court: A Survival Guide Witnesses, Depositions, and Trials Thomas G. Gutheil, M.D. Patients Who Sue and Clinicians Who Get Sued in the Managed Care Era Harold J. Bursztajn, M.D., and Archie Brodsky, B.A. The Wellsprings of Litigation Thomas G. Gutheil, M.D. Ethical and Effective Testimony after Daubert Harold J. Bursztajn, M.D., and Archie Brodsky, B.A. Suggestions for Expert Witnesses Larry H. Strasburger, M.D. Narrative Truth, Historical Truth, and Forensic Truth Alan Scheflin, J.D., L.L.M. The Perspective of the Plaintiffis Attorney Clyde D. Bergstresser, J.D. Listen to Your Lawyer David Gould, J.D. A View from the Bench Hon. Kermit V. Lipez Epilogue Glen O. Gabbard, M.D. Contributors Index

Promotional Information

This is a book that is must reading for all clinicians who wish to practice in the ever changing world of managed care and increasing litigation, and who wish to provide optimal care for their patients while remaining relatively risk free... The point is well made that provision of high-level care for the patient will be the best protection for the clinician. -- Robert L. Sadoff, M.D., Clinical Professor of Psychiatry at the University of Pennsylvania School of Medicine Lifson and Simon have put together an excellent guide for those clinicians trying to dodge the fusillade of malpractice claims now being leveled at them. The discussions are sophisticated and the advice is practical. -- Paul S. Appelbaum, M.D., Professor and Chair of the Department of Psychiatry, University of Massachusetts Medical School This book provides a marvelous compendium of advice to reduce the chances of being injured in the minefield of mental health malpractice. -- Philip J. Resnick, M.D., Case Western Reserve University A tour de force. These distinguished editors brought together forensic mental health practitioners and legal scholars to produce an up-to--date, readable, comprehensive book brimming with important information and guidelines. It will do much to help all mental health practitioners maintain an enjoyable practice, provide optimal care for their patients and reduce the risk of legal liability. -- Abraham L. Halpern, M.D., Professor Emeritus of Psychiatry, New York Medical College, and past president of the American Academy of Psychiatry and the Law Lifson and Simon's handbook illuminates the pitfalls of practice and provides approaches that are thoughtful, informed, and practical. A wonderful antidote for lidgaphobia and the counterproductive excesses of defensive practice. -- Kenneth S. Pope, Ph.D., ABPP, Author of Ethics in Pn'chorl'crapy and Counseling

About the Author

Lawrence E. Lifson, M.D., is a Lecturer on Psychiatry at Harvard Medical School and Director of the Continuing Education Program in the HMS Department of Psychiatry at Massachusetts Mental Health Center. He is the editor of Understanding Therapeutic Action. Robert I. Simon is Director of the Program in Psychiatry and Law and Clinical Professor of Psychiatry at Georgetown University School of Medicine, and is the author of Clinical Psychiatry and the Law and editor of the Review of Clinical Psychiatry and the Law.

Reviews

This is a book that is must reading for all clinicians who wish to practice in the ever changing world of managed care and increasing litigation, and who wish to provide optimal care for their patients while remaining relatively risk free… The point is well made that provision of high-level care for the patient will be the best protection for the clinician.
*Robert L. Sadoff, M.D., Clinical Professor of Psychiatry at the University of Pennsylvania School of Medicine*

Lifson and Simon have put together an excellent guide for those clinicians trying to dodge the fusillade of malpractice claims now being leveled at them. The discussions are sophisticated and the advice is practical.
*Paul S. Appelbaum, M.D., Professor and Chair of the Department of Psychiatry, University of Massachusetts Medical School*

This book provides a marvelous compendium of advice to reduce the chances of being injured in the minefield of mental health malpractice.
*Philip J. Resnick, M.D., Case Western Reserve University*

A tour de force. These distinguished editors brought together forensic mental health practitioners and legal scholars to produce an up—to--date, readable, comprehensive book brimming with important information and guidelines. It will do much to help all mental health practitioners maintain an enjoyable practice, provide optimal care for their patients and reduce the risk of legal liability.
*Abraham L. Halpern, M.D., Professor Emeritus of Psychiatry, New York Medical College, and past president of the American Academy of Psychiatry and the Law*

Lifson and Simon’s handbook illuminates the pitfalls of practice and provides approaches that are thoughtful, informed, and practical. A wonderful antidote for litigaphobia and the counterproductive excesses of defensive practice.
*Kenneth S. Pope, Ph.D., ABPP, author of Ethics in Psychotherapy and Counseling*