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Emotional Damages Episode 5 Recap: Testamentary Capacity & Undue Influence: The Role of Forensic Psychiatry in Estate Litigation

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Disputes over wills and trusts can quickly turn into complex legal battles, especially when questions arise about whether the testator had the mental capacity to make sound decisions or whether they were coerced into changing their estate plan. In these cases, forensic psychiatric evaluations play a key role in determining testamentary capacity and undue influence—two of the most contested issues in estate litigation. In this episode of Emotional Damages, host Dr. Ambarin Faizi sits down with forensic psychiatrist Dr. Mark Levy and estate litigation attorney Dewey Harpainter to explore how courts assess mental competence and how forensic experts evaluate undue influence claims. Together, they break down the legal and psychiatric criteria for capacity, the red flags attorneys should look for, and the importance of retrospective forensic evaluations when a testator has already passed away.

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Emotional Damages Episode 1 Recap: Insights from Dr. Mark Levy on Forensic Psychiatry in Law

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Episode 1 of Emotional Damages: Practical Insights into Forensic Psychiatry for Litigating Attorneys sets the stage for what promises to be a vital resource for attorneys navigating the intersection of forensic psychiatry and the law. Hosted by Dr. Ambarin Faizi and featuring the distinguished Dr. Mark Levy, this pilot episode dives deep into the role forensic psychiatrists play in the legal system, blending decades of expertise with actionable insights. Dr. Levy, Founder and Medical Director of fpamed, brings a wealth of knowledge, having been retained in over 500 civil and criminal cases and testified in state and federal courts more than 60 times. Reflecting on his career, Dr. Levy shares a pivotal observation: “The mission of the independent forensic psychiatric expert is to determine what is objectively true, and that’s difficult.” He likens this pursuit to the precision of a geneticist analyzing DNA, emphasizing that while behavioral medicine may not offer the same level of certainty, forensic psychiatrists strive for objectivity by meticulously reviewing all available information.

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Exclusive Preview: Assessing Claims of Emotional Damages in Multi-Plaintiff Litigation

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  Don’t miss out! Click here to schedule a free webinar.

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Gut Feelings: A Commentary on Recent Findings Involving Biomarkers and Their Relationship to Mental Illness

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By Mark I. Levy, MD, DLFAPA fpamed Forensic Psychiatrist Not everyone with Major Depressive Disorder (MDD) responds to antidepressant medication. Researchers are increasingly asking “Why?” and coming up with novel understandings. The most common antidepressants prescribed these days are close to a dozen different SSRIs (selective serotonin reuptake inhibitors, e.g., the Prozac family of drugs). […]

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The Benefits of Using the “Team Approach” When Assessing Emotional Damages in Mass Tort Litigation 

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By Dr. Mark I. Levy, MD, DLFAPA fpamed Forensic Psychiatrist Catastrophic events, or other situations such as toxic torts and product liability claims, often lead to litigation where a large number of claimants report severe emotional damages. While multi-plaintiff litigation requires an expert to contrast and compare vulnerabilities and resiliency factors within members of the […]

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Six Tips for Choosing the Right Forensic Psychiatric Expert

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When it comes to choosing a forensic psychiatric expert, it’s important to select someone who has the right qualifications and experience. This type of expert is typically called upon to provide psychological or psychiatric evaluations, testimony, and reports in legal proceedings, including criminal and civil cases. Here are some key factors to consider when selecting […]

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Psychiatry: Religion, Power, and Sexual Assault

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Experts.com Member and Psychiatry Expert, Dr. Mark I. Levy, MD, DLFAPA, shares insight about abuse, power, and institutional betrayal within religious groups.

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Sexual Abuse & PTSD – Multi-Plaintiff Litigation

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Mark Levy, MD and Charles Saldanha, MD, provided a succinct and focused discussion on the topic of PTSD in mass sexual abuse cases.

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Emotional & Psychological Claims in Multi-Plaintiff Toxic Tort Litigation

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Mark I. Levy, MD, DLFAPA and Howard J. Friedman, PhD, ABPP join a panel to discuss what attorneys need to know about the scientific and medical aspects of these injuries.

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Growing and Managing Expert Witness Practice with Mark Levy, MD and Charles Saldanha, MD

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On November 11th, 2020, we were joined by Mark Levy, MD and Charles Saldanha, MD, members of Experts.com since 2005, for a really informative discussion on growing and managing your forensic #expertwitness practice. Doctors Levy and Saldanha started Forensic Psychiatric Associates, LP, in 2005. Dr. Levy had been a solo practitioner of clinical and forensic psychiatry for many years before he and Dr. Saldanha decided to partner and build a nationwide forensic #psychiatry and #psychology practice.

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Telepsychiatry Standards & Practices – Understanding & Mitigating Liability Risks

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Telemedicine and telepsychiatry have been used routinely for the past decade, but during the COVID-19 pandemic these services are needed more than ever. Telepsychiatry is being used in sub-practices including addiction counseling. Some physicians are not aware of potential missteps and are opening themselves up to liability claims.

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HB Webinar: PTSD in Mass Tort & Multi-Plaintiff Litigation

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Watch the FREE video recording of this webinar. Everything You Need to Know About Assessing PTSD Claims In Mass Tort Litigation: The “Team” Approach. Get up to speed on the medical and scientific aspects of PTSD in mass tort and multi-claimant cases. With Mark I. Levy, MD, DLFAPA and Sarah A. Hall, PhD.

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PTSD Claims Brought by Facebook’s ‘Graphic Content’ Reviewers Goes to ADR, Putting Civil Action on Pause

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Facebook can be great fun. How else would I have seen a video of an eight-year-old drummer-girl utterly thrashing Led Zeppelin’s Good Times Bad Times? Or a dog running away with a lit skyrocket as his human friends run, duck and ditch for their lives? Or what your cat looks like in a tuxedo?

Check out the upcoming HB Webinar

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Mental Disorders and Other Limited Conditions – Tackling the Challenges of Handling Mental/Nervous Claims and Establishing Objective Proof of Subjective, “Non-Visible” Disorders

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Forensic Psychiatrist, Mark I Levy, MD and Forensic Neuropsychologist, Ronald H. Roberts, PhD have presented to the American Conference Institute program on “Disability Litigation” on September 15, 2016 in Boston, MA. Click here to download pdf sides from the presentation.

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

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Forensic psychiatry seeks to determine what is objectively true about a plaintiff’s diagnosis and possible injury, using neurocognitive and psychological testing, interviewing, and a review of documentary data, Michael L. Fox and Mark I. Levy say in this BNA Insight. The authors—one an attorney, the other a forensic psychiatrist—offer a primer on the use of forensic psychiatric evidence in catastrophic injury and mass tort claims, including advice on the practical, legal and ethical issues that arise in these cases.

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

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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.

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“Proximate Cause” & Scientific Causation

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Forensic 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.

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The “Eggshell Plaintiff” Revisited: Causation of Mental Damages in Civil Litigation

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The Commission on Mental and Physical Disability Law Reporter — by Mark I. Levy, MD, FAPA and Saul E. Rosenberg, PhD

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Assessing the Truth: How Forensic Psychiatrists & Psychologists Evaluate Litigants

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Forensic psychiatrist Mark Levy MD and forensic neuropsychologist Ronald Roberts, PhD co-authored an article for San Francisco Attorney Magazine, Spring, May 2008. In it, they explain the process and methods used by forensic behavioral experts when conducting an evaluation of an individual as part of a legal proceeding.

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