Forensic Psychiatry

Question 1

Two types of legal issues in psychiatry

Answer 1

• criminal

- civil

Question 2

Define negligence

Answer 2

-practicing below the standard of care

Question 3

Define malpractice

Answer 3

-the act of being negligent

Question 4

Four requirements to prove malpractice

Answer 4

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)

Question 5

Successful malpractice case grants patients what types of funds?

Answer 5

• compensatory damages

- punitive damages

Question 6

“Duty to warn” is based on what law?

Answer 6

-Tarasoff

Question 7

What is required to make an “informed” decision?

Answer 7

Patients know:

• purpose
• alternative
• risks
• benefits

+have opportunity to ask questions***

Question 8

Situations that do not require informed consent?

Answer 8

• lifesaving emergency
• prevention of SI/HI
• unemancipated minors

Question 9

What makes a minor emancipated?

Answer 9

• self supporting
• in the military
• married
• have children or are pregnant**

Question 10

Who determines capacity? competence?

Answer 10

• capacity= doctor

- competence= judge

Question 11

Requirements for decision making capacity?

Answer 11

1) patient understands information
2) patient understands risks and benefits
3) patient can logically manipulate information
4) patient can communicate a choice

Question 12

How should conservators/ guardians make decisions?

Answer 12

“substituted judgement” - what the patient would most likely have chosen had they been competent

Question 13

Are doctors and lawyers mandated to report child abuse?

Answer 13

-doctors yes lawyers no

Question 14

What is required to involuntarily admit patient to a psych hospital?

Answer 14

• must be harmful to self or others

- must have right to a trial to challenge the decision

Question 15

Define Parens Patriae

Answer 15

-protecting citizens who cant care for themselves

Question 16

What is the 6th amendment? 14th?

Answer 16

-6th: right to spedy trial
-14th: right to due process
(but someone cannot be tried if they are not mentally competent)

Question 17

Dusky v US established what law?

Answer 17

-someone cannot be tried if they are not mentally competent

Question 18

What is required to stand trial?

Answer 18

• understand charges against him or her
• be familiar with courtroom personnel
• be able to work with attorney
• understand consequences

Question 19

What does conviction of a crime require?

Answer 19

• actus reus (evil act)

- mens rea (evil intent)

Question 20

Most important risk for violence is?

Answer 20

history of violence

+young male low SES w/ substance use

Question 21

Are there more false positives or negatives when predicting violence?

Answer 21

-positives, most people are not violent

Question 22

Frye vs US decision

Answer 22

evidence must be accepted by appropriate scientific community

Question 23

Daubert vs Merrell Dow decision

Answer 23

judge decides if evidence is based on reliable science

Question 24

Clues to malingering:

Answer 24

• textbook or atypical presentation
• working in medical field
• substance use
• antisocial PD