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Books : Nonfiction : Law : Family & Health Law : Mental Health
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Safeguard your mental health practice with up-to-date information and savvy advice on practicing in today's legal environment
Today's mental health professional must approach the legal aspects of practice with both sensitivity and foreknowledge. The array of legal guidelines and ethical standards to comprehend is increasing in scope and complexity. Licensing issues, ethics questions, and malpractice suits all present pitfalls that, if ignored or misapprehended, can interrupt or even end a career.
Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals, Second Edition is an indispensable survival guide for all clinicians. The authors explain how to handle allegations of malpractice, cope with threats of violence, preserve client confidentiality, and more. Each chapter features step-by-step guidance, helpful case studies, "legal light bulbs" highlighting important concepts, answers to frequently asked questions, dos and don'ts, and sample forms and contracts to help you safeguard your practice. Completely revised and updated, the Second Edition also includes new information on:
* HIPAA
* Treating older adults
* Using "exotic" therapy techniques
* Ethical and legal aspects of office leases
* And more
The Portable Lawyer for Mental Health Professionals, Second Edition offers the latest information for practicing in today's legal environment. Mental health caregivers, graduate students, attorneys, and clients alike will find this guide to be an invaluable resource.
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The latest book in a series of guides explaining the laws most relevant to mental health practice in each state. Designed to remove the mystery and anxiety that many clinicians associate with the legal system, each book has an introduction to the law and answers to questions clinicians most often ask about their state's mental health law. Appendices include sample forms. Indispensable guides for student and practicing clinicians, and for lawyers who want to better grasp this ever-changing field.
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Univ. of Texas, Austin. Text offers a comprehensive analysis of successful interventions in treating substance-abusing criminal offenders. Provides both traditional and new strategies in treating offenders, including women, juveniles, and those with the dual diagnosis of substance abuse and mental disorders. For psychologists.
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This volume presents classic and contemporary legal cases that have set important precedents related to psychological and mental health issues in criminal and civil proceedings; the role of practitioners as expert witnesses and forensic consultants; and legal concerns in general clinical practice. Engagingly written, the book brings to life the details of each case and the personal stories involved, while also providing a solid introduction to foundational issues in the field. Forensic and clinical professionals will find this a highly informative resource, and it will also be useful for undergraduate- and graduate-level courses and professional training.
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For a myriad of reasons the criminal justice system has become the de facto mental health system, with the three largest inpatient psychiatric institutions in America being jails--not hospitals. This book explores how and why this is the case. Sensationalized cases often drive criminal justice policies that can sometimes be impulsively enacted and misguided. While there is a chapter that examines the insanity defense and competency, the primary focus of the book is on the bulk of cases that clog the criminal justice system with persons with mental illnesses (pwmi). Criminal justice practitioners are often ill-equipped for dealing with pwmi in crises, and this may even result in the emergence of mental disabilities for criminal justice professionals. However, via application of therapeutic jurisprudence principles some agencies are better preparing their employees for such encounters and attempting to stop the inhumane and costly recycling of pwmi through the criminal justice system. Coverage runs the gamut from specialized law enforcement responses, to mental health courts, to jails and prisons, to discharge planning, diversion, re-entry, and outpatient commitment. Also, criminal justice practitioners in their own words provide insight into and examples of the interface between the mental health and criminal justice systems. Throughout the book the balance between maintaining public safety and preserving civil liberties is considered as the state's police power and parens patriae roles are examined. Lastly, collaborative approaches for influencing and informing policies that are often driven by crises are discussed.
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Known for its emphasis on research and its extensive integration of current cases and law, Curt and Anne Bartol's PSYCHOLOGY AND LAW offers balanced coverage the ways that psychology interacts with the legal system. The authors instill in students a critical understanding not only of psychological research within the context of law, but also a working knowledge of the legal system.
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Text for the clinician treating a suicidal patient. Covers standards and guidelines for caring for and monitoring the patient, guidelines for consultation, models of treatment, and models for involving significant others. Previous edition: c1991.
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A new series of straightforward guides setting forth the laws most relevant to mental health practice in each state. This series arose from the author's experience teaching psychiatric residents, psychology interns, and social work students at the Massachusetts Mental Health Center. Consistently, trainees mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety they associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice. This volume covers the statutes and court cases of California.
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It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community.
Focusing on overinterventionist approaches, Refusing Care explores when, if ever, the mentally ill should be treated against their will. Basing her analysis on case and empirical studies, Elyn R. Saks explores dilemmas raised by forced treatment in three contexts—civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. Saks argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while Saks advocates relaxing the standards for first commitment after a psychotic episode, she also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, Saks proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.
Mental health professionals, lawyers, disability rights activists, and anyone who wants to learn more about the way the mentally ill are treated—and ought to be treated—in the United States should read Refusing Care.
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This new book written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., Manual has been formatted and written to guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.
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In this book, Norman Cantor analyzes the legal and moral status of people with profound mental disabilities—those with extreme cognitive impairments that prevent their exercise of medical self-determination. He proposes a legal and moral framework for surrogate medical decision making on their behalf. The issues Cantor explores will be of interest to professionals in law, medicine, psychology, philosophy, and ethics, as well as to parents, guardians, and health care providers who face perplexing issues in the context of surrogate medical decision making.
The profoundly mentally disabled are thought by some moral philosophers to lack the minimum cognitive ability for personhood. Countering this position, Cantor advances both theoretical and practical arguments for according them full legal and moral status . He also argues that the concept of intrinsic human dignity should have an integral role in shaping the bounds of surrogate decision making. Thus, he claims, while profoundly mentally disabled persons are not entitled to make their own medical decisions, respect for intrinsic human dignity dictates their right to have a conscientious surrogate make medical decisions on their behalf. Cantor discusses the criteria that bind such surrogates. He asserts, contrary to popular wisdom, that the best interests of the disabled person are not always the determinative standard: the interests of family or others can sometimes be considered. Surrogates may even, consistent with the intrinsic human dignity standard, sometimes authorize tissue donation or participation in nontherapeutic medical research by profoundly disabled persons. Intrinsic human dignity limits the occasions for such decisions and dictates close attention to the preferences and feelings of the profoundly disabled persons themselves. Cantor also analyzes the underlying philosophical rationale that makes these decision-making criteria consistent with law and morals.
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An essential reference on memory for clinicians, researchers, attorneys, and judges. This detailed reference work critically reviews memory research, trauma treatment, and legal cases pertaining to the false memory controversy. It discusses current memory science, pointing out where findings are and are not generalizable to trauma memories recovered in psychotherapy. The main issues in the recovered memory debate are covered, as well as research on emotion and memory, memory for trauma, and types of suggestions, such as social persuasion and brainwashing. Exploration of memory in the legal context includes tips on avoiding malpractice liability and on using hypnosis. The appropriate standard of care in cases when memory issues are involved is outlined.
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Medicolegal Issues in Clinical Practice is a comprehensive primer covering the legal issues that govern all medical practice in the United States. This book explains legal principles clearly, with many examples that are pertinent to physicians and other health care providers. This book also provides a wealth of useful information on decreasing the likelihood of being named in a lawsuit. As with all Rapid Psychler publications, this book contains clever illustrations and humor which enhances learning and retention of the material.
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Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions.
Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon.
A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.
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View the Table of Contents.
Read Chapter 1."Best work of non-fiction about Virginia or by a Virginia author."
—Manasas Journal Messenger"Edds's powerful telling of Washington's experience uses court documents, personal interviews, and a variety of other sources to illustrate the political and social circumstances surrounding this extraordinary case. This book invites the reader to think about how due process is carried out and implemented. An Expendable Man is a valuable study of not only the Virginia legal system, but also that of the United States."
—Virginia Libraries"Explores the dark side of the system of capital punishment. The book not only goes into great detail in recording Earl Washington, Jr.'s near-execution but also incorporates some history of the Virginia legal system."
—Criminal Justice Review"The book is provocative for its vivid characterization and its study of the death penalty's inherent flaws."
— Newport News Press"Somewhere between the personal narratives found in H. Bruce Franklin's collection Prison Writing in 20th-Century America, the critical work of Mumia Abu-Jamal, and the recent profusion of sociological studies of America's accelerated prison economy, An Expendable Man gives us a moving portrait of a broad-based struggle on behalf of one man, and implies ways in which the halls of justice might become more just."
—Trial & Error"Careful documentation. Edge-of-the-seat human drama. An exploration of loopholes in judicial safeguards against wrongful executions. An Expendable Man contains all of these—and more."
—The Virginian-Pilot"An Expendable Man forcefully describes how a number of deeply committed people resurrected the hope of an innocent man. Edds's narrative painstakingly follows the sinuous protocols of due process in America. An Expendable Man gives us a moving portrait of a broad-based struggle on behalf of one man, and implies ways in which the halls of justice might become more just."
—Rain Taxi"One of the unique features of the book is its detailed explanation of the death penalty procedure in Virginia, which is second only to Texas in its number of executions."
—Library Jounal"A fascinating story, told colorfully and with the law and justice the final victor."
—New York Law Journal"With chilling clarity, Margaret Edds peels back the layers of the legal, judicial and social orders to explain how an innocent man comes within nine days of execution."
—William Raspberry, Pulitzer Prize-winning columnist for The Washington Post"Earl Washington's story reveals the dark side of a system that is not known for admitting its mistakes. We have a lot to learn from this case, which highlights many of the problems we see over and over again in cases of wrongful conviction."
—Senator Patrick Leahy (D-Vt.), chief sponsor of The Innocence Protection Act"Margaret Edds' book on Earl Washington shows the heavy handedness with which our society deals with those it deems expendable. It demonstrates how the politics of the death penalty skews our moral compass and how a small group of volunteers toiled for many years to set it straight for one expendable man. Whatever your position on the death penalty, if you want to know how it actually works, read this book."
—Sister Helen Prejean"In An Expendable Man, Margaret Edds gives a whole new meaning to the 'Virginia Reel,' sending the reader spinning off into dizzying fits of confusion and rage. As she carries us deeper and deeper into the Virginia justice system, one almost understands how helpless Earl Washington must have felt in the hands of those intent on killing him for something he didn't do. Edds here exposes criminal justice in Virginia as a triumph of style over substance, laying bare the ease with which the ‘seat of democracy' became a fortress of hypocrisy."
—Mike Farrell, actor and human rights activist"Whether you support or oppose the death penalty, you need to understand what almost happened to a man named Earl Washington. Margaret Edds tells his tragic, arresting story with remarkable sensitivity and a clear-eyed understanding of the stakes not just for Earl Washington, but for all of us."
—Larry J. Sabato, director of the Center for Politics, University of VirginiaHow is it possible for an innocent man to come within nine days of execution? An Expendable Man answers that question through detailed analysis of the case of Earl Washington Jr., a mentally retarded, black farm hand who was convicted of the 1983 rape and murder of a 19-year-old mother of three in Culpeper, Virginia. He spent almost 18 years in Virginia prisons—9 1/2 of them on death row—for a murder he did not commit.
This book reveals the relative ease with which individuals who live at society's margins can be wrongfully convicted, and the extraordinary difficulty of correcting such a wrong once it occurs.
Washington was eventually freed in February 2001 not because of the legal and judicial systems, but in spite of them. While DNA testing was central to his eventual pardon, such tests would never have occurred without an unusually talented and committed legal team and without a series of incidents that are best described as pure luck.
Margaret Edds makes the chilling argument that some other "expendable men" almost certainly have been less fortunate than Washington. This, she writes, is "the secret, shameful underbelly" of America's retention of capital punishment. Such wrongful executions may not happen often, but anyone who doubts that innocent people have been executed in the United States should remember the remarkable series of events necessary to save Earl Washington Jr. from such a fate.
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How does the law regard and define mental incompetence, when faced with the problem of meting out justice? To what extent has the law relied on extra-legal authorities--be they religious or scientific--to frame its own categories of mental incompetence and madness? Wild Beasts and Idle Humours takes us on an illuminating journey through the changing historical landscape of human nature and offers an unprecedented look at the legal conceptions of insanity from the pre-classical Greek world to the present. Although actual trial records are either totally lacking or incomplete until the eighteenth century, there are other sources from which the insanity defenses can be constructed.
In this book Daniel Robinson, a distinguished historian of psychology, pores over centuries of written law, statements by legal commentators, summaries of crimes, and punishments, to glean from these sources an understanding of epochal views of responsibility and competence. From the Greek phrenesis to the Roman notions of furiosus and non compos mentis, from the seventeenth-century witch trials to today's interpretation of mens rea, Robinson takes us through history and provides the intricate story of how the insanity defense has been construed as a meeting point of the law and those professions that chart human behavior and conduct: namely religion, medicine, and psychology. The result is a rare historical account of "insanity" within western civilization.
Wild Beasts and Idle Humours will be essential reading for anyone interested in the evolution of thinking not merely about legal insanity but about such core concepts as responsibility, fitness for the rule of law, competence to enter into contracts and covenants, the role of punishments, and the place of experts within the overall juridical context.
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A new series of straightforward guides setting forth the laws most relevant to mental health practice in each state. This series arose from the author's experience teaching psychiatric residents, psychology interns, and social work students at the Massachusetts Mental Health Center. Consistently, trainees mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety they associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice. This volume covers the statutes and court cases of Massachusetts.