Professional Issues Flashcards
What are the four conditions for a client to succeed in a malpractice claim against a psychologist?
- Professional relationship established
- Dereliction or breach of duty
- Client suffered injury or harm
- Breach was direct or proximate cause of harm
According to Gable (1983), these conditions must be met for a malpractice claim to be valid.
What must be true for a client to obtain monetary compensation in a malpractice claim?
The harm or injury must be measurable in economic terms.
This is a critical aspect for claims regarding psychological malpractice.
What is the first step in responding to a subpoena according to APA’s Committee on Legal Issues?
Determine if the subpoena is legally valid.
Subpoenas may be invalid if improperly served.
If a subpoena is valid, what is the next step after determining its validity?
A formal response is required, and the psychologist should contact the client to discuss implications.
This ensures the client’s interests are considered before proceeding.
What should a psychologist do if the client does not authorize the release of information requested by a subpoena?
Contact the party who issued the subpoena to negotiate.
This may involve seeking a withdrawal or limitation of the request.
What is the definition of insanity in a legal context?
A defendant is considered ‘not guilty by reason of insanity’ if they failed to appreciate certain actions were wrong due to a mental disease or defect.
Definitions may vary by jurisdiction, and this is a key element in criminal cases.
What percentage of criminal cases in the U.S. utilize the insanity defense?
1%.
Among those, it is successful about 25% of the time (Bartol & Bartol, 2019).
What does competency to stand trial refer to?
A defendant’s current mental status and ability to understand the charges and cooperate with their attorneys.
This is a critical factor in criminal legal proceedings.
What methods are commonly used to evaluate competency to stand trial?
- Clinical interview
- Mental status exam
- Psychological tests (e.g., MMPI-2, WAIS-IV)
- Review of collateral information
- Competency specific tests
These methods help assess the defendant’s understanding and cooperation.
In civil proceedings, what do evaluations of civil competencies generally focus on?
An individual’s ability to understand relevant information for making everyday decisions.
This includes making a will, entering contracts, and making medical decisions.
What is the difference between a fact witness and an expert witness?
Fact witnesses testify on what they observed, while expert witnesses offer opinions based on specialized knowledge.
Fact witnesses cannot provide opinions or address hypothetical situations.
What are the limitations of a fact witness in legal proceedings?
They cannot offer opinions, address issues outside personal knowledge, or respond to hypotheticals.
Fact witnesses must also have client authorization or a court order to disclose confidential information.
What qualifications must a psychologist meet to be considered an expert witness?
They must possess superior knowledge due to education or specialized experience.
This allows them to provide informed opinions on complex subjects.
True or False: An expert witness can only testify about events they personally observed.
False.
Expert witnesses can provide opinions on hypothetical situations.
What is the primary function of a psychological autopsy?
To clarify deaths that were equivocal with regard to the manner of death
Coined by Shneidman in 1994.
What are the two types of psychological autopsy distinguished by La Fon in 1999?
- Equivocal death psychological autopsy (EDPA)
- Suicide psychological autopsy (SPA)
What does Equivocal Death Psychological Autopsy (EDPA) aim to determine?
The manner of a person’s death as suicide, accident, homicide, natural cause, or undetermined.
What is the purpose of a Suicide Psychological Autopsy (SPA)?
To identify the psychosocial factors that contributed to a person’s suicide.
List some forensic purposes of conducting an SPA.
- Resolving questions related to insurance claims
- Contested wills
- Malpractice claims
- Worker’s compensation
- Other legal issues
What research benefits do SPAs provide?
They help identify suicide risk factors and methods of prevention.
How do SPAs assist family members of the deceased?
They provide information that helps understand the deceased’s state of mind and facilitates the grieving process.
Who typically conducts psychological autopsies?
Psychologists, psychiatrists, and other mental health professionals trained in forensic psychology or death investigation.
What types of information are collected during a psychological autopsy?
- Crime scene information
- Medical and police records
- Records left by the deceased
- Interviews with family, friends, and co-workers
What are the primary criticisms of psychological autopsy?
- Lack of standardized procedures
- Limited empirical evidence for reliability and validity
- Potential for incomplete, inconsistent, or biased information
True or False: A psychological autopsy is widely accepted as expert testimony in criminal cases.
False
What is a key tool for identifying risk factors associated with suicide?
Psychological autopsy
Despite its limitations, it remains important for this purpose.
What does ‘gender’ refer to according to the APA guidelines?
Social identity (e.g., cisgender, transgender, gender non-conforming).
Fill in the blank: Use _______ as singular pronouns when gender is irrelevant to the context.
they, them, their
What term should be used instead of ‘homosexual’ or ‘homosexuality’?
Specific, identity-first terms (e.g., lesbian women, bisexual people).
For individuals aged 12 years and younger, what terms should be used?
- Child
- Boy
- Girl
What is the recommended term for individuals aged 65 and older?
Older adult
What language should be avoided when referring to individuals with disabilities?
Negative and condescending language
What is person-first language?
Language that emphasizes the individual first, such as ‘person in a wheelchair’ or ‘adolescent with autism spectrum disorder.’
According to APA guidelines, how should racial and ethnic groups be treated in writing?
Capitalize their names (e.g., Blacks, Whites, African Americans).