The Psychiatrist As Expert Witness Second Edition by Thomas G Gutheil ISBN 1585623423 978-1585623426
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ISBN 10: 1585623423
ISBN 13: 978-1585623426
Author: Thomas G Gutheil
The Psychiatrist as Expert Witness, Second Edition, by Thomas G. Gutheil, M.D., is a highly readable and practical update of his successful first edition. The focus of the new volume is to guide readers to become, improve, and successfully market a career as a psychiatric expert witness. A professor of psychiatry at the Beth Israel-Deaconess Medical Center, Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner s mistakes to help readers avoid pitfalls. While of great value to newcomers to the field, the book offers insights and guidance to early-career and seasoned expert witnesses alike. This volume has been extensively revised and updated from the first edition, which has been used in nearly all forensic psychiatric training programs in the United States and Canada. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. In addition, it includes a glossary, expanded definitions of key concepts, a lengthened discussion of bias in testimony, new illustrative examples, a model consent form for forensic examination, and cases that have arisen since the first edition.
Table of contents:
1 Introduction: What Makes an Expert?
The Adversarial Context
The Prime Question
Confidentiality Warnings
The Database
The Socratic Method
Malingering and Self-Serving Motivation
Reasonable Medical Certainty
The Hired Gun Problem
Treater Versus Expert
The Humility Factor
References
Suggested Readings
2 The Expert’s Ethical Universe
The Nonconfidentiality Warning
Turndown Rates
Ethics and the Oath
Problems of Loyalty and Identification
Nonsexual Seduction and Other Forms of Bias
The Ultimate Ethical Test
References
Suggested Readings
3 First Principles
Initial Negotiations With the Retaining Attorney
The Stage of Case Review
References
Suggested Readings
4 Types of Typical Cases
Psychiatric Malpractice Cases
Criminal Responsibility Cases
Evaluation of Emotional Injuries
High-Profile Cases
Spotting the Other Side’s “Hired Gun”
References
Suggested Readings
5 Discovery and Depositions
Interrogatories
Depositions
The Video Deposition
After the Deposition
References
Suggested Readings
6 The Expert in Trial
Trial Preparation
The Daubert Challenge
Practical Matters
Testimony
Crises
The End of the Affair
References
Suggested Readings
7 Some Pointers on Expert Witness Practice
Scheduling Issues
Priorities
Trial Time Considerations
Your So-Called Life
References
Suggested Readings
8 Writing to and for the Legal System
The Forensic Report
General Remarks
The Experience Factor
The Criminal Report: An Example
Suggested Readings
9 Developing and Marketing a Forensic Practice
The Key Approach
The Delicate Balance
Strategies
What About Web Sites?
Additional Pointers
References
Suggested Readings
Suggested Attendance
10 The Expert on the Road: Some Travel Tips for Testifying Away
Some General Recommendations
Secrets of Packing
Secrets of Flying
Secrets of Staying
Secrets of Eating
Secrets of Sleeping
What to Take to Court
References
Suggested Readings
11 Epilogue
Appendix 1: Consent Form for Forensic Examination
Appendix 2: Standard Fee Agreement
Appendix 3: Detailed Fee Agreement
Appendix 4: Suggested Readings and Web Sites
Glossary
Index
Footnote
chapter 8
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