Law, precedent, professional issues Flashcards
Frye
general acceptance test - polygraph 1923 not generally accepted
Daubert
birth defects from rx taken while pregnant, experts testified about animal experiments with that drug.
expanded Frye criteria to include the following:
1. testability
2. error rate
3. peer review
4. general acceptance
Kumho Tire
car accident, tire expert
clarified that Daubert applies to scientific, technical, and specialized knowledge
updated FRE 702
In re Lifschutz
psychiatrist held in contempt for refusing to testify about his client but court ruled that:
privilege waived because pt initiated a civil suit
Doe v Roe
psychiatrist and his wife published a book with confidential patient information
pt only gave wavering oral consent
court found that psychiatrist breached her privacy
Clites v Iowa
Timothy Clites was schizophrenic, he was hospitalized and given lots of 1st generation antipsychotics
got TD and his father sued
court found state was liable because they should’ve provided informed consent on risks of meds
Commonwealth v Korbin
psychiatrist being investigated for medicaid fraud and he didn’t want to turn over his recs
court held he didn’t have to turn over therapy or session notes but he did have to turn over rx history; ECT records, and info on patient progress
Menendez v Superior Court
bros reported to their therapist that they killed their parents
prosecution sought to admit tapes of sessions into court testimony
court allowed two of four tapes to be admitted based on DTO - they contained threats to the doc
Jaffe v Redmond
female officer killed a man while on duty and his family filed a wrongful death suit - excessive force
cop started therapy after the incident and the man’s family wanted details about her therapy admitted
SCOTUS created therapist-pt privilege in the FRE
General Electric Co v Joiner
joiner was a smoker who was exposed to chemicals at work; he later was dx with small cell lung cancer and he sued because he said the chemicals “promoted” his cancer
expert testified to that assertion however SCOTUS held that expert failed to show a link btw chemical exposure and cancer
helped articulate Daubert and reinforced that judges are the gatekeepers to ensure expert testimony is relevant and reliable
Jenkins v U.S.
Set precedent for psychologists to testify as experts
