Forensic psych
prof practice by a psych working within sub-discipline of psych when applying scientific, technical, or specialized knowledge of psych to the law to assist in addressing legal, contractual, and administrative matters
Guidelines–prof practice is not necessary for forensic b/c it occurs in a forensic setting;
- Expert vs. Fact Witness
Expert Witness–person who has specialized training, knowledge, skill or experience in an area relevant to resolution of legal dispute and who is allowed to offer an opinion as testimony in court
Fact Witness: person who testifies as to what he has seen, heard, otherwise observed regarding a circumstance, event or occurence as it actually took place…fact witnesses are generally not allowed to offer opinion, address any issues that are hypothetical; fact witness may only give info with consent of client or court order
- Privilege and Confidentiality in forensic settings
Forensic psych’s need to recognize their ethical obligations to maintain conf of info related to client, except so far to disclosure is consented to by the client, or permitted by law.
–When indiv is ordered to undergo tx, goals of tx are determined by a legal authority rather than individuals receiving services, the forensic psych informs two the client the nature/purpose of tx, and any limitations on conf and priv.
–When psych services are court ordered, psych’s inform the indiv of the nature of the anticipated services, including whether the services are court-ordered any limits of confidentiality before proceeding.
- Informed Consent
psych’s strive to infirm client about the nature and parameters of services and to do so ‘as early as possible’.
–unless court ordered, psych obtain informed consent from the examinee before proceeding with forensic exam. if examinee is unwilling, the psych may consider postponing the examination, advising the examinee to contact their attorney, and notifying the retaining party about their unwillingness to proceed
–when a person is ordered to participate in examination or tx, a psych can conduct the examination over the objection, and without consent, of the examinee. If examinee declines to proceed, the forensic psych may consider of variety of options: postponing, advising examinee to contact attorney, etc.
–when a person lacks capacity to give consent, psych provides appropriate explanation, seek examinee’s assent, and obtain appropriate permission from legally authorized person, as permitted by law
- Insanity Defense
person NGRI b/c of mental disease
–legal conditions in CA are specified: when NGRI plea is entered, person was incapable of knowing/understanding nature of his bx and distinguishing from right/wrong.
B. Subpoenas
subpoena: court document requiring person to appear and give testimony in court
subpoena duces tecum: requires person to bring court proceedings a specified document in their possession or under their control
Responding to a subpoena
- First step in responding is to determine if it is legally valid (Subpoena might not be valid, b/c court doesn’t have jurisdiction or it was improperly served)
- If subpoena is valid, formal response will be required, but psych should first contact the client to discuss implications of providing info. If client consents to disclosure, no reason to withhold info, the psych should provide info. If client does NOT consent, the psych or the attorney can attempt to negotiate with who issued the subpoena. If the requesting party demands the info, the psych can seek guidance from the court informally through a letter or have their attorney file a motion to quash the subpoena, or motion for a protective order.
- When request for confidential info arises for the first time during court testimony/deposition, the psych should claim privilege on client’s behalf and refuse to provide the info until ordered by the court.
- When court issues an order to provide testimony or produce document and attempts to have order modified/vacated have been unsuccessful, the psych must comply with the order to avoid being held in contempt of court. A psych should release to the court only the info that is relevant to the case and present the subpoenaed records to the court in a sealed envelop marked confidential
Malpractice
plaintiff must establish that there is a standard of care and that the psych deviated from it. Often this involves testimony from expert witness, but in some cases the standard of care is derived from legal statutes, prof journals, 3rd party payors, etc.
Malpractice conditions:
- Conditions for Claim of Malpractice: 4 conditions must be met–
A) psych had a professional rel. with the person that established a legal duty of care.
B) demonstrable standard of care that the psych breached.
C) person suffered harm or injury
D) the psych’s breach of duty within the context of the standard of care was the proximate cause of the persons injury
Malpractice Cont
- Types of Compensation: damages awarded are 3 types:
- compensatory damages is based on assumption that a plaintiff should be restored to his pre-harm condition. Includes payment for past/future work losses, medical care, physical pain and suffering.
2) Nominal damages are awarded when harm has technically occurred but cannot be translated into momentary terms
3) Punitive damages are awarded to penalize the psych and are usually awarded only when the psych has clearly acted in wreckless/malicious/willful manner
Reducing risk for charge of malpractice
being familiar with relevant legal/ethical standards and maintaining detailed, well-organized records, best defense is adequate records
