FORENSIC PSYCHIATRY Flashcards
Patient’s right to information obtained
during treatment from being disclosed
in judicial proceedings? (2x)
Patient Privilege
Only a psychiatrist testifying as an
expert witness can describe this part of a
patient’s case? (2x)
Prognosis of disease
Optimal approach to court ordered child
custody evaluation? (2x)
Meet with parents independently,
observe child interacting with each
parent
Juvenile court proceedings differ from
adult court in right of the defendant to?
(2x)
Trial by jury
Prevailing legal doctrine that is overall
guiding principle when deciding child
custody disputes? (2x)
Best-interests of the child
Standard of proof against physician
required for jury to use in malpractice
trial? (2x)
Reasonable degree of certainty
What is the standard of proof to terminate
parental rights?
Clear and convincing
When a psychiatrist provides information
to a lawyer to be used at a trial under oath?
Deposition
Child with depression and fulminant
hepatic failure is started on fluoxetine. He
passes away from hepatic failure. Parents
read that fluoxetine can cause severe liver
damage. What would need to be proven to
claim professional negligence?
Direct causation
How does a waiver transferring an
individual from juvenile to adult court
affect the offender and the legal
proceedings?
Increased risk for future physical or sexual
abuse
How should a staff psychiatrist at a county
juvenile detention center document an
adolescent’s report of a crime?
List alleged crime without details
Goal of dispute-resolution techniques such
as collaborative law and mediation when
dealing with divorcing parents?
Minimize adverse impacts of litigation
How are youth vulnerable in arrest and
interrogation?
More likely to give a false confession
Psychiatrist asked to testify as expert witness in a divorce. One parent worried that child will catch the other parent’s contagious infection. Psychiatrist should decline because?
Outside of specialty of expertise
During what sort of assessment is the
psychiatrist’s aim not to provide
therapeutic benefit for a child?
Court-ordered psych eval
Mother of 7 yo child treated a year ago for
separation anxiety by psychiatrist is asked
to appear in court for custody hearing by
mother’s attorney. Minimal contact with
father during treatment. Appropriate
response?
Decline to offer an opinion because the
psychiatrist had not performed a full child
custody evaluation.
What is Voir Dire?
Examining expert witness qualifications.
Testimony of child psychiatrist asked to
examine child as court appointed witness
should reflect?
Physician-Patient privilege does not apply
to any information gained during the
examination
Distinguishing feature between pre
adjudicatory examination versus normal
diagnostic evaluation?
Pre adjudicatory exam considers risk to the
community and factors for/against
continued delinquency
Legal concept of parens patriae empower
states to?
Remove minors from abusive families
Being qualified as an expert witness for
legal proceedings is whose decision?
The Judge
Expert witness psychiatrist testifies that
defendant was psychotic at time of alleged
crime based on witness testimony who
reported he ran out of
medications/complained of hearing voices
a few days before crime. Why can’t the
prosecutor object that testimony is based
on hearsay evidence?
Psychiatrist cited witness accounts to
justify expert opinion
What is a guardian ad litem?
Appears in court on behalf of minor child,
appointed by the court
Ruling of Supreme Court case, Roper vs
Simmons (2005)?
Juveniles cannot be sentenced to capital
punishment
