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“Proximate Cause” & Scientific Causation
/in Articles, Publications & Quotes, Causation, Experts, Law of Experts, TestifyingForensic Psychiatrists, Psychologists and all testifying expert physicians are expected to offer their opinions in both civil and criminal matters to the standard of proof of “reasonable medical certainty” (“reasonable medical probability” in California). However, the legal definitions of causation (proximate cause) and the notion of causation from the perspective of behavioral science are not the same, and sometimes actually diverge. This article by Dr. Levy attempts to explain those differences, explicate the potential dilemmas, and suggest some pitfalls for the testifying medical-legal expert to avoid when discussing “causation” in its legal context.
William Daubert v. Merrill Dow
/in Articles, Publications & Quotes, Kelly/Frye and Daubert, Law of ExpertsThe following is the appellate opinion in Frye v. United States which was affirmed by the Court of Appeals, District of Columbia in 1923. Until the Daubert v. Merrill Dow US Supreme Court decision in 1993 and the Daubert standard for expert testimony replaced the Kelly/Frye standard in Federal matters (Frye still remains the standard […]
Frye v. United States
/in Articles, Publications & Quotes, Kelly/Frye and Daubert, Law of ExpertsThe following is the appellate opinion in Frye v. United States which was affirmed by the Court of Appeals, District of Columbia in 1923. Until the Daubert v. Merrill Dow US Supreme Court decision in 1993 and the Daubert standard for expert testimony replaced the Kelly/Frye standard in Federal matters (Frye still remains the standard […]
Diagnostic Criteria for Alcohol Dependence & Abuse
/in Articles, Publications & Quotes, Clinical Psychiatry, Forensic Psychiatry, Forensic Psychology, Substance AbuseThe following are the diagnostic criteria for Alcohol Dependence and Abuse, asscording to the Diagnostic & Statistical Manual of Mental Disorders, Fourth Edition, Text Revised (DSM-IVTR), American Psychiatric Association, Washington, D.C. 2000. 303.90 Alcohol Dependence Refer, in addition, to the general text and criteria for Substance Dependence. Physiological dependence on alcohol is indicated by evidence […]
ADA: Mental Illness in the Workplace: Legal and Psychiatric Implications of Mentally Disabled Employees
/in ADA (Americans with Disabilities Act), Articles, Publications & Quotes, Disability, PsychiatricThis is an original article, published in San Francisco Attorney Magazine (2001) that discusses the Americans with Disabilities Act (ADA) and the California Fair Employment & Housing Act (FEHA) in relation to protection and accommodation issues for employees with mental disabilities. Download mental_illness_in_workplace.PDF Mental Illness in the Workplace: Legal and Psychiatric Implications of Mentally Disabled […]
The Status of Rorschach in Clinical and Forensic Practice
/in Articles, Publications & Quotes, Psychological Testing, Rorschach Inkblot TestThe following is an official statement by the Board of Trustees of the Society for Personality Assessment affirming that the Rorschach Inkblot Test possesses reliability and validity similar to that of other generally accepted personality assessment instruments and its responsible use in personality assessment is appropriate and justified (JOURNAL OF PERSONALITY ASSESSMENT, 85(2), 219-237, copyright […]
Study Indicates Patients with Generalized Anxiety Disorder May Be More Likely to have Family Members with Anxiety Problems
/in APA (American Psychiatric Association), Articles, Publications & Quotes, Clinical PsychiatryStudy indicates patients with GAD may be more likely to have family members with anxiety problems. MedWire (7/31, Davenport) reported, "Patients with generalized anxiety disorder (GAD) are more likely than healthy individuals to have family members with anxiety problems," according to a study published in the May 28 online edition of the Journal of Clinical […]
Alzheimer’s experts disagree on theories underlying drug treatments.
/in Alzheimer's Disease, APA (American Psychiatric Association), Articles, Publications & Quotes, Clinical PsychiatryAPA Headlines August 1, 2008 Alzheimer’s experts disagree on theories underlying drug treatments. The Economist (7/31) reported that experts on Alzheimer’s “disagree fundamentally about what drugs aimed at treating” the disease “should be trying to do.” The dominant “school of thought…argues that the disease wreaks its damage by causing the formation of the plaques” made […]
MCLE Presentation Topics
/in Articles, Publications & Quotes, Experts, Forensic Psychiatry, Forensic Psychology, MCLE Presentation TopicsThe following is a list of topics about which fpamed experts can offer educational MCLE presentations: “Heck of a Job!” – The Role of Forensic Psychiatrists and Psychologists in Employment Litigation. Heck of a Job! Understanding & Assessing Emotional Damage Claims in Employment Litigation “Stressing the Point” – Posttraumatic Stress Disorder (PTSD): What it is […]
“The Last Dance” – PowerPoint Presentation on Issues of Testamentary Capacity & Allegations of Undue Influence in Will Contests
/in Articles, Publications & Quotes, Forensic Psychiatry, Forensic Psychology, Reference Material, Testamentary Capacity, Undue Influence, Will ContestsDownload “The Last Dance” – Issues of Testimentary Capacity & Undue Influence in Will Contests.pdf
Forensic Psychiatric Landmark Cases
/in AAPL (American Academy of Psychiatry & the Law), Articles, Publications & Quotes, Case Law, Forensic Psychiatry, Landmark Cases, Reference MaterialThe American Academy of Psychiatry & the Law (AAPL), a subsidiary professional organization of the American Psychiatric Association, has identified approximately 100 legal cases that it has designated as Landmark Cases for those studying to become proficient in Forensic Psychiatry as well as those studying to take the American Board of Psychiatry & Neurology board […]
Liability for the Psychiatrist Expert Witness
/in Articles, Publications & Quotes, Forensic Psychiatry, Forensic Psychology, Law of Experts, LiabilityProfessor Renee Binder, MD, former Acting Chairman, Department of Psychiatry UCSF, former President American Academy of Psychiatry & the Law and Chief of the Forensic Psychiatric Fellowship Program at the University of California, San Francisco, School of Medicine, has written an excellent and comprehensive article discussing the various liabilities that a psychiatrist testifying as a […]
Expert Discovery Provisions in Rule 26, Federal Rules of Civil Procedure
/in Articles, Publications & Quotes, Law of Experts, Reference MaterialThe following is the text of the parts of Rule 26, Federal Rules of Civil Procedure, which deal directly with expert discovery, in civil actions: Rule 26. General Provisions Governing Discovery; Duty of Disclosure (a) Required Disclosures; Methods to Discover Additional Matter. * * * (2) Disclosure of Expert Testimony. (A) In addition to the […]
Admissability of Scientific Evidence – Daubert v. Merrell Dow (1993)
/in Articles, Publications & Quotes, Case Law, Law of Experts, Reference MaterialThe U.S. Supreme Court’s opinion in Daubert v. Merrell Dow (1993) rejected the Frye test and Frye-plus tests for the admissibility of certain scientific evidence (see admissibility tests lecture). Instead of “general acceptance” in the scientific community, the Daubert test requires an independent judicial assessment of reliability. Among other purposes, the Daubert test is intended […]
Frye v. The United States
/in Articles, Publications & Quotes, Case Law, Law of Experts, Reference MaterialNo. 3968 Court of Appeals of District of Columbia 293 F. 1013; 1923 U.S. App. LEXIS 1712; 54 App. D.C. 46; 34 A.L.R. 145 December 3, 1923, Decided PRIOR HISTORY: [**1] Appeal from the Supreme Court of the District of Columbia. CORE TERMS: blood pressure, deception, systolic, conscious, discovery, scientific principle, expert testimony, scientific, experiments, […]
Experts & Confidentiality – Pettus v. Cole – Cal Ct. Appeal 1996
/in Articles, Publications & Quotes, Case Law, Law of Experts, Medical Ethics, Reference MaterialIn California Psychiatric Experts Are Under the Same Privilege/Confidentiality Obligations as are Treating Psychiatrists California Appellate Decision Regarding Privilege/Confidentiality Duties of Non-Treating, Psychiatric Experts: see PETTUS V. COLE, 57 Cal.Rptr.2d 46 (1996) Court of Appeal, First District, Division 2, California from the Headnotes: “Two psychiatrists violated the Confidentiality of Medical Information Act(Civ. Code, S 56 […]
Sexual Relationships with Patients
/in Articles, Publications & Quotes, Medical Ethics, Reference MaterialMaxwell J. Mehlman, J.D. Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards.(1) While concern focused originally on relationships between patients and psychiatrists, it is now generally […]
Sexual Relationships with Patients
/in Articles, Publications & Quotes, Medical Ethics, Reference MaterialMaxwell J. Mehlman, J.D. Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards.(1) While concern focused originally on relationships between patients and psychiatrists, it is now generally […]
A Paradox About Duty to Refer
/in Articles, Publications & Quotes, Medical Ethics, Reference Materialfrom Cyberounds: Health Law and Bioethics Maxwell J. Mehlman, J.D. Educational Objectives Upon completion of this Cyberounds(R), the participant should be able to: * Discuss the paradox of the duty to refer * Discuss how this paradox can confuse judges in malpractice cases * Describe the correct rule of liability in failure-to-refer cases. Given all […]
When is a Post Traumatic Stress Disorder Claim Legitimate…and When Is It Not?
/in Articles, Publications & Quotes, Forensic Psychiatry, Posttraumatic Stress Disorder, Reference MaterialWhen is a Post Traumatic Stress Disorder Claim Legitimate…and When Is It Not? by Mark I. Levy, M.D. Asst. Clinical Professor Psychiatry University of California San Francisco School of Medicine (expanded version of article published in For the Defense, November 1995) In prehistoric times, when our earliest ancestors lived in dread of their mortal enemy, […]
Supreme Court Ruling: Jaffee v. Redmond, 1996
/in Articles, Publications & Quotes, Case Law, Forensic Psychiatry, Reference MaterialThis article is a reprint of the one which first appeared in the San Francisco Recorder on 07/24/96 Though recently protected from disclosure in the federal courts, therapists’ records remain under siege by insurance companies By: Mark Levy, M.D. Confidentiality is the core of a patient/therapist relationship. Trust, the very foundation of therapy, is eroded […]
All in the Office ‘Family’
/in Articles, Publications & QuotesLos Angeles Times 5/18/98 CAREERS / ADVERSITY AND CONFLICT Employees and bosses sometimes reenact childhood family dynamics on the job. Is your workplace dysfunctional? Read up on these relating styles and find out. By: SUSAN VAUGHN – SPECIAL TO THE TIMES The successful executive in psychiatrist Mark Levy’s office was complaining of deja vu. “He […]
Shrink in the Courtroom: Forensic Psychiatry and Law
/in Articles, Publications & Quotes, Forensic Psychiatry, Reference Materialby Mark Levy, M.D. This is the first in a series of articles about forensic psychiatry as it is utilized in civil litigation. In this article, I will describe how a forensic psychiatrist can be useful to trial attorneys in civil litigation whenever there are allegations of emotional damages. What Is Forensic Psychiatry? Forensic psychiatry […]
Determining Mental Disabilities and Obligations of Employers Under the ADA and FEHA
/in Articles, Publications & Quotes, Reference MaterialMark I. Levy, M.D., Jonathan Mook, Esq., and Saul Rosenberg, Ph.D. Special to Law.com November 29, 2001 Although federal and state laws prohibit employment discrimination against individuals with physical and mental disabilities and require an employer to make reasonable accommodations for both kinds of disabilities, interpreting and implementing the law with regard to mental disabilities […]
Overcoming Obstacles to the Independent Examination of Emotional Damages Defense
/in Articles, Publications & Quotes, Forensic Psychiatry, Forensic Psychology, IMEs (Independent Medical (Psychiatric) Examinations), Reference MaterialComment Spring 2004 by Saul Rosenberg, PhD & Mark Levy, MD Download OvercomingObstacles.pdf