Two’s Company, Three’s A Crowd: The Problem of Third Party Presence in Forensic Psychiatric Examinations.

Years ago, the distinguished and esteemed George Washington University forensic psychiatrist Robert I Simon MD, who sadly died earlier this year, wrote a wonderful monograph entitled “Two’s Company, Three’s a Crowd,” outlining the scientific and ethical problems posed by the presence of a third party during a forensic psychiatric examination. In 2003, a California Appellate […]

The Forensic Psychiatric Report

The following article by Norko and Buchanan from The Journal of Psychiatric Practice describes the purpose and structure of a well written forensic psychiatric report. J Psychiatr Pract. 2015 Jan;21(1):67-71. doi: 10.1097/01.pra.0000460623.40923.47. The forensic psychiatric report. Norko MA1, Buchanan MA. Author information Abstract The construction of a written forensic report is a core component of […]

Effective Use of Forensic Psychiatry in Catastrophic Injury, Toxic Torts, and Multi-Party Litigation

Michael Fox, a partner at the Sedgwick law firm, San Francisco office, together with Ronald Roberts PhD and Mark Levy MD from fpamed, spoke on panel at the International Association of Defense Counsel midyear meeting at Carlsbad, California on February 11, 2014  The powerpoint slides can be downloaded in pdf format here: Effective Use of […]

Bloomberg BNA: The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation

Michael Fox, Esq.,  a Partner at the Sedgwick Law Firm and UCSF forensic psychiatrist Mark I. Levy MD, have written this article for the December 9, 2013 issue of Bloomberg BNA discussing the role of forensic psychiatry in the assessment of emotional damages claims in catastrophic injury and multi-party litigation. bbna expert evidence dec9

Three’s A Crowd

Esteemed forensic psychiatrist Robert Simon, MD, published a timeless article several years ago entitled “Three’s A Crowd.” It addresses the recurring problem of (usually) plaintiff attorneys seeking to be present in the room during the defense forensic psychiatric evaluation of their client and the potentially chilling and distorting effects upon the examination that such presence […]

Key Cases Occupy Intersection Between Psychiatry & Law

This article form July 2010 discusses two US Supreme Court Cases that once again looked ambivalently at the issue capital punishment, narrowing the circumstances under which it can be invoked, upholding the role on forensic psychiatric expert opinion in such deliberations while failing to do away entirely with this ultimate and controversial form of punishment. […]

The Value of Forensic Psychiatry in Child Custody

The issue of custody is a difficult one for everyone involved. The decision about who will care for children, and to make decisions that will affect their current lives, will have a distinct impact on their entire life. A forensic psychiatrist often has a lot of weight in the final decision, because of their expertise […]

The Role of Forensic Psychiatry in Probate Law

While many people know the role forensic psychiatry can play in criminal cases, many are surprised to learn that it plays an important role in probate as well. Often, when an individual leaves behind a will, there may be questions about whether they were of sound mind at the time the will was written. The […]

CHOOSING A FORENSIC PSYCHIATRIC EXPERT: The Difference between Treating Clinicians and Forensic Psychiatric Experts

San Francisco Attorney Magazine, summer 2012. In this article Dr. Levy compares and contrasts the different Missions, Methods and Ethical Duties of Forensic Psychiatric (and Psychological) Experts with Treating Clinicians.

Child Custody & Divorce: An Overview PowerPoint Slide Show

This PowerPoint slide show present an overview of the American legal concepts of divorce and child custody and the roles of the forensic child and adolescent psychiatrist and psychologist in assessing divorcing parents and their children to help develop custody decisions that best serve the emotional needs of the children and their parents.

Expansion of Liberty Interests Under Parole Conditions: Beyond Anti-psychotics by Susan M. Meffert, MD, MPH, John Chamberlain, MD

The United States Court of Appeals for the Ninth Circuit decided the case of United States v. Cope, 506
F.3d 908 (9th Cir. 2007), on November 5, 2007. At issue were the imposition of a lifetime of supervised
release and the special conditions of release.. Dr. Meffert discusses this case and the underlying issues.

Expert Witness Disclosure – Proposed Changes to Federal Rule 26

There are proposed significant changes to the disclosure requirement features of the Federal Rules of Civil Procedure Rule 26. These changes will extend work product immunity.Congress makes changes to the widely endorsed Aproposal awaiting Supreme Court approval on May 1, 2010, as of December 1, 2010 Experts will no longer be required to disclose draft versions of their FRCP 26(a)(2) Reports. Furthermore they will no longer be required to disclose communication including electronic communication between the expert and the retaining attorney

Meth psychosis presents medical, legal challenges.(FORENSIC MEDICINE)

David Kan, MD, an fpamed forensic psychiatric expert in the diagnosis and treatment of substance abuse, is quoted in the following article on methamphetamine psychosis:  Meth psychosis presents medical, legal challenges.(FORENSIC MEDICINE) By Susan London | March, 2009 Clinical Psychiatry News SEATTLE — Methamphetamine-induced psychosis is a challenging condition from both a medical and legal perspective, according to […]

On Wearing 2 Hats

This is a brief discussion of the complications that can arise when a treating clinician agrees to become the “independent expert” in his patient’s litigation.

Ethical Issues in Forensic Psychiatry With Children and Adolescents

By Richard A. Ratner, M.D. Psychiatric Times | December 2005 | Vol. XXIII | Issue 14 Any discussion of contemporary child and adolescent forensic psychiatry will eventually encompass considerations of the ethical underpinnings of this work. Ethical issues arise inevitably in clinical work with children and adolescents and are even more likely to surface in forensic settings. Download Ethical Issues […]

Violence Risk Assessment by David Y. Kan, MD

To assist with his teaching of psychiatric residents at UCSF School of Medicine, Dr. Kan has prepared the following PowerPoint slide show summarizing many key aspects of violence risk assessment, a critical forensic psychiatric skill. Download David Kan MD Violence Risk Assessment Psych interns 2-5-07

Diagnostic Criteria for Alcohol Dependence & Abuse

The 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 […]

MCLE Presentation Topics

The 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

Download “The Last Dance” – Issues of Testimentary Capacity & Undue Influence in Will Contests.pdf

Forensic Psychiatric Landmark Cases

The 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

Professor 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 […]

When is a Post Traumatic Stress Disorder Claim Legitimate…and When Is It Not?

When 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

This 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 […]