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The book covers the legal and risk management issues in the practice of psychiatry.
Malpractice. Introduction. Existence of duty of care: creation and maintenance of physician patient relationship and related issues. Inadequately discharging duty of care: liability for malpractice. Issues involving patient consent to treatment. Liability for the acts of other providers. Improving the odds of avoiding malpractice liability. Practical pointers-malpractice. Appendix A: Model form for termination of psychiatrist patient relationship. Appendix B: Model collaboration treatment relationship agreement. End notes. Confidentiality and Privilege. Introduction. Psychiatrist's legal duty of confidentiality. Physician patient and psychotherapist patient. Responding to a subpoena. Confidentiality after death of patient. Confidentiality and minor patients. Confidentiality and consent to release information. Miscellaneous confidentiality issues. Practical pointers-confidentiality and privilege. End notes. Liability for Patient Suicide. Introduction. Is there a duty to protect? Has the duty of care been breached? If a psychiatrist is found to be negligent, how can liability be reduced or eliminated? Practical pointers-liability for patient. End notes. The Dangerous Patient. Introduction. Duty toward an identifiable. Extension of obligation: "Zone of danger" rule duty to protect society from violence and unintentional danger. Limitations on Tarasoff. Rejection of Tarasoff. State confidentiality statutes and immunity statutes regarding the duty to warn/protect. Chart: summary of mental health therapist legislation. Duty to warn/protect or permissive breach of confidentiality. Potential Tarasoff type duties in the context of AIDS. Procedures for dealing with potentially violent patients. Practical pointers-the dangerous patient. End notes. Civil Commitment. Introduction. Commitment procedures and types. Substantive standards for long term. Liability for wrongful commitment. Practical pointers-civil commitment. End notes. Reporting Duties. Introduction. Duty to report impaired patients to the Department of Motor Vehicles. Duty to report abuse and neglect of children and adults. Reporting unprofessional conduct by other health care providers. Practical pointers-reporting duties. End notes. Psychiatric Records. Introduction. Importance of making and keeping records. Record keeping and confidentiality. Practical pointers-psychiatric records. End notes. Managed Care. Introduction. The training psychiatrist's obligations with respect to utilization review. Potential liability for reviewers; contracting with managed care companies; checklist for managed care contracts. Practical pointers-managed care. Appendix A. End notes.
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- ID: 9780880487443
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