Archive for the ‘Reference Material’ Category

“The Last Dance” – PowerPoint Presentation on Issues of Testamentary Capacity & Allegations of Undue Influence in Will Contests

July 13th, 2008

Download “The Last Dance” – Issues of Testimentary Capacity & Undue Influence in Will Contests.pdf

Forensic Psychiatric Landmark Cases

May 19th, 2008

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 […]

Expert Discovery Provisions in Rule 26, Federal Rules of Civil Procedure

May 12th, 2008

The following is the text of the parts of Rule 26, Federal Rules of Civil Procedure, which deal directly with expert discovery, in civil actions: Rule 26. General Provisions Governing Discovery; Duty of Disclosure (a) Required Disclosures; Methods to Discover Additional Matter. * * * (2) Disclosure of Expert Testimony. (A) In addition to the […]

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

May 12th, 2008

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

May 12th, 2008

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

May 12th, 2008

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 […]

Sexual Relationships with Patients

May 12th, 2008

Maxwell J. Mehlman, J.D. Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards.(1) While concern focused originally on relationships between patients and psychiatrists, it is now generally […]

Sexual Relationships with Patients

May 12th, 2008

Maxwell J. Mehlman, J.D. Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards.(1) While concern focused originally on relationships between patients and psychiatrists, it is now generally […]

A Paradox About Duty to Refer

May 12th, 2008

from Cyberounds: Health Law and Bioethics Maxwell J. Mehlman, J.D. Educational Objectives Upon completion of this Cyberounds(R), the participant should be able to: * Discuss the paradox of the duty to refer * Discuss how this paradox can confuse judges in malpractice cases * Describe the correct rule of liability in failure-to-refer cases. Given all […]

When is a Post Traumatic Stress Disorder Claim Legitimate…and When Is It Not?

May 12th, 2008

When is a Post Traumatic Stress Disorder Claim Legitimate…and When Is It Not? by Mark I. Levy, M.D.  Asst. Clinical Professor Psychiatry University of California San Francisco School of Medicine (expanded version of article published in For the Defense,  November 1995) In prehistoric times, when our earliest ancestors lived in dread of their mortal enemy, […]



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