Two’s Company, Three’s A Crowd: The Problem of Third Party Presence in Forensic Psychiatric Examinations.

Years ago, the distinguished and esteemed George Washington University forensic psychiatrist Robert I Simon MD, who sadly died earlier this year, wrote a wonderful monograph entitled “Two’s Company, Three’s a Crowd,” outlining the scientific and ethical problems posed by the presence of a third party during a forensic psychiatric examination. In 2003, a California Appellate […]

Key Cases Occupy Intersection Between Psychiatry & Law

This article form July 2010 discusses two US Supreme Court Cases that once again looked ambivalently at the issue capital punishment, narrowing the circumstances under which it can be invoked, upholding the role on forensic psychiatric expert opinion in such deliberations while failing to do away entirely with this ultimate and controversial form of punishment. […]

American Psychiatric Association Amicus Briefs

Amicus Briefs Amicus curiae (friend of the court) briefs are approved by the Board of Trustees and present to the court the views of the American Psychiatric Association on matters of mental health, patient care, psychiatric practice, and other forensic issues. Older briefs are being added as library staff time permits. 2012   Delling v. […]

Doyle v. Caldwell (California Sixth Appellate Court)

Doyle v Caldwell Balancing the discovery rights of the Defendant against the privacy rights of the Plaintiff, California’s Sixth Appellate Court ruled, in an employment law suit, that the Defendant, Caldwell, could not compel the Plaintiff, Cindy Doyle, to undergo a forensic psychiatric independent medical examination (even thought she put her mental status at issue) […]

9th Circuit Rules That “Zone of Danger” Sufficient to Justify PTSD Claims

The 9th circuit federal appeals court majority said Tuesday that a previous ruling, and an earlier Supreme Court decision, allow an emotonal damages suit alleging Posttraumatic Stress Disorder by a seaman who was in a negligently operated vessel’s “zone of danger.”

Forensic Psychiatric Landmark Cases

The American Academy of Psychiatry & the Law (AAPL), a subsidiary professional organization of the American Psychiatric Association, has identified approximately 100 legal cases that it has designated as Landmark Cases for those studying to become proficient in Forensic Psychiatry as well as those studying to take the American Board of Psychiatry & Neurology board […]

Admissability of Scientific Evidence – Daubert v. Merrell Dow (1993)

The U.S. Supreme Court’s opinion in Daubert v. Merrell Dow (1993) rejected the Frye  test and Frye-plus tests for the admissibility of certain scientific evidence (see admissibility tests lecture).  Instead of “general acceptance” in the scientific community, the Daubert test requires an independent judicial assessment of reliability.  Among other purposes, the Daubert test is intended […]

Frye v. The United States

No. 3968 Court of Appeals of District of Columbia 293 F. 1013; 1923 U.S. App. LEXIS 1712; 54 App. D.C. 46; 34 A.L.R. 145 December 3, 1923, Decided PRIOR HISTORY:   [**1] Appeal from the Supreme Court of the District of Columbia. CORE TERMS: blood pressure, deception, systolic, conscious, discovery, scientific principle, expert testimony, scientific, experiments, […]

Experts & Confidentiality – Pettus v. Cole – Cal Ct. Appeal 1996

In California Psychiatric Experts Are Under the Same Privilege/Confidentiality Obligations  as are Treating Psychiatrists California Appellate Decision Regarding Privilege/Confidentiality Duties of Non-Treating, Psychiatric Experts: see PETTUS V. COLE, 57 Cal.Rptr.2d 46 (1996) Court of Appeal, First District, Division 2, California from the Headnotes: “Two psychiatrists violated the Confidentiality of Medical Information Act(Civ. Code, S 56 […]

Supreme Court Ruling: Jaffee v. Redmond, 1996

This article is a reprint of the one which first appeared in the San Francisco Recorder on 07/24/96 Though recently protected from disclosure in the federal courts, therapists’ records remain under siege by insurance companies By: Mark Levy, M.D. Confidentiality is the core of a patient/therapist relationship. Trust, the very foundation of therapy, is eroded […]