Forensic Psychiatry Flashcards
Two types of legal issues in psychiatry
- criminal
- civil
Define negligence
-practicing below the standard of care
Define malpractice
-the act of being negligent
Four requirements to prove malpractice
1) patient relationship established
2) psychiatrist did not meet standard of care
3) patient was harmed
4) harm was direct result of negligence
(Deviation from Duty that was Direct cause of Damage)
Successful malpractice case grants patients what types of funds?
- compensatory damages
- punitive damages
“Duty to warn” is based on what law?
-Tarasoff
What is required to make an “informed” decision?
Patients know:
- purpose
- alternative
- risks
- benefits
+have opportunity to ask questions***
Situations that do not require informed consent?
- lifesaving emergency
- prevention of SI/HI
- unemancipated minors
What makes a minor emancipated?
- self supporting
- in the military
- married
- have children or are pregnant**
Who determines capacity? competence?
- capacity= doctor
- competence= judge
Requirements for decision making capacity?
1) patient understands information
2) patient understands risks and benefits
3) patient can logically manipulate information
4) patient can communicate a choice
How should conservators/ guardians make decisions?
“substituted judgement” - what the patient would most likely have chosen had they been competent
Are doctors and lawyers mandated to report child abuse?
-doctors yes lawyers no
What is required to involuntarily admit patient to a psych hospital?
- must be harmful to self or others
- must have right to a trial to challenge the decision
Define Parens Patriae
-protecting citizens who cant care for themselves
What is the 6th amendment? 14th?
-6th: right to spedy trial
-14th: right to due process
(but someone cannot be tried if they are not mentally competent)
Dusky v US established what law?
-someone cannot be tried if they are not mentally competent
What is required to stand trial?
- understand charges against him or her
- be familiar with courtroom personnel
- be able to work with attorney
- understand consequences
What does conviction of a crime require?
- actus reus (evil act)
- mens rea (evil intent)
Most important risk for violence is?
history of violence
+young male low SES w/ substance use
Are there more false positives or negatives when predicting violence?
-positives, most people are not violent
Frye vs US decision
evidence must be accepted by appropriate scientific community
Daubert vs Merrell Dow decision
judge decides if evidence is based on reliable science
Clues to malingering:
- textbook or atypical presentation
- working in medical field
- substance use
- antisocial PD
