Clinical handbook of psychiatry & the law by Paul S. Appelbaum MD, Thomas G. Gutheil MD

By Paul S. Appelbaum MD, Thomas G. Gutheil MD

Thoroughly up to date for its Fourth version, this award-winning instruction manual provides psychological overall healthiness pros authoritative suggestions on how the legislation impacts their medical perform. each one bankruptcy offers case examples of criminal matters that come up in perform, sincerely explains the governing criminal principles, their cause, and their scientific effect, and gives concrete motion courses to navigating clinico-legal dilemmas. This version addresses the most important contemporary advancements together with new federal ideas retaining sufferers' privateness, rules minimizing use of seclusion and discretion, legal responsibility hazards linked to more recent psychiatric medicines, malpractice hazards in forensic psychiatry, and new based review instruments for violence possibility, suicidality, and decisional capacity.

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G. INFORMED RECORD-KEEPING THAT PROTECTS CONFIDENTIALITY 1. Clarity of Sources In keeping records, the importance of clearly distinguishing data known by observation to be factual from speculation, report, and allegation cannot be overemphasized. It is also important to note both the source of any data not obtained by observation and that source’s reliability. For example, one might note, “The arresting officer reports . ” or “The parent, known to be a good historian, reports . . ] . . ” (See Chap.

5. Cellphones and Wireless Phones Though now ubiquitous, cellular telephones and wireless telephones differ in a significant way from standard land-line telephones: Calls can be intercepted by a number of electronic devices. To cure one’s doubt of this point, one has only to hear the neighbor’s telephone call coming in loud and clear over the baby-room intercom. As a general rule, then, confidential information should not be transmitted by these devices. If necessary to do so, the patient should be informed that the clinician is on such a telephone and of the potential for overhearing, and the patient’s consent should be obtained.

This may represent an exaggeration of a right to confidentiality to nonconstructive degrees. For example, a family may maintain that their psychotic Appelbaum_CH01_001-032 Chapter 1 10/26/06 6:10 PM Page 17 Confidentiality and Privilege 17 son would “go crazy or kill himself” if he finds out that he is adopted. The treatment team may fall into the trap by viewing the son as too fragile to be told this information. Both groups (the family and the treatment team) may not recognize that the perceived fragility of the son is, in and of itself, a symptom and product of the adoption secret.

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