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Psychiatry in Law/Law in Psychiatry, 2nd Edition, is a sweeping, up-to-date examination of the infiltration of psychiatry into law and the growing intervention of law into psychiatry. Unmatched in breadth and coverage, and thoroughly updated from the first edition, this comprehensive text and reference is an essential resource for psychiatry residents, law students, and practitioners alike.
Doubts about the reality of mental illness and the benefits of psychiatric treatment helped foment a revolution in the law's attitude toward mental disorders over the last 25 years. Legal reformers pushed for laws to make it more difficult to hospitalize and treat people with mental illness, and easier to punish them when they committed criminal acts. Advocates of reform promised vast changes in how our society deals with the mentally ill; opponents warily predicted chaos and mass suffering. Now, with the tide of reform ebbing, Paul Appelbaum examines what these changes have wrought. The message emerging from his careful review is a surprising one: less has changed than almost anyone predicted. When the law gets in the way of commonsense beliefs about the need to treat serious mental illness, it is often put aside. Judges, lawyers, mental health professionals, family members, and the general public collaborate in fashioning an extra-legal process to accomplish what they think is fair for persons with mental illness. Appelbaum demonstrates this thesis in analyses of four of the most important reforms in mental health law over the past two decades: involuntary hospitalization, liability of professionals for violent acts committed by their patients, the right to refuse treatment, and the insanity defense. This timely and important work will inform and enlighten the debate about mental health law and its implications and consequences. The book will be essential for psychiatrists and other mental health professionals, lawyers, and all those concerned with our policies toward people with mental illness.
This book has been replaced by Law and Mental Health, Second Edition, ISBN 978-1-4625-4047-1.
This book explores the moral lives of mental health clinicians serving the most marginalized individuals in the US healthcare system. Drawing on years of fieldwork in a community psychiatry outreach team, Brodwin traces the ethical dilemmas and everyday struggles of front line providers. On the street, in staff room debates, or in private confessions, these psychiatrists and social workers confront ongoing challenges to their self-image as competent and compassionate advocates. At times they openly question the coercion and forced-dependency built into the current system of care. At other times they justify their use of extreme power in the face of loud opposition from clients. This in-depth study exposes the fault lines in today's community psychiatry. It shows how people working deep inside the system struggle to maintain their ideals and manage a chronic sense of futility. Their commentaries about the obligatory and the forbidden also suggest ways to bridge formal bioethics and the realities of mental health practice. The experiences of these clinicians pose a single overarching question: how should we bear responsibility for the most vulnerable among us?
Thoroughly updated for its Fourth Edition, this award-winning handbook gives mental health professionals authoritative guidance on how the law affects their clinical practice. Each chapter presents case examples of legal issues that arise in practice, clearly explains the governing legal rules, their rationale, and their clinical impact, and offers concrete action guides to navigating clinico-legal dilemmas. This edition addresses crucial recent developments including new federal rules protecting patients' privacy, regulations minimizing use of seclusion and restraint, liability risks associated with newer psychiatric medications, malpractice risks in forensic psychiatry, and new structured assessment tools for violence risk, suicidality, and decisional capacity.
This major new work provides a comprehensive account of the law concerning mental health in England and Wales. Written and edited by a leading group of national and international authorities this book presents a detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007
Once upon a time only forensic psychiatrists had much to do with law and the legal system. Now, hardly a day passes in the life of a clinician without some significant encounter with the interface between the law and the practice of psychiatry. That interface extends all the way from the general regulation of clinical practice to the specifics of clinical man agement of individual patients. It includes, like the chapters of this book, such important topics as informed consent, right to treatment, privilege and confidentiality, patients' rights, competency, psychiatric testimony, malpractice, and liability. Dr. Halleck is one of the professions' most distinguished thinkers and authors in the field of psychiatry and law, and is this year's recipient of the coveted Isaac Ray Award of the American Psychiatric Association. Having spent his entire academic and professional life deeply involved in the clinical practice of psychiatry, he is particularly well suited to understand and respond to the clinician's need for a clear and concise elucidation of those areas of psychiatry and law which are involved in the daily work of psychiatrists and all mental health professionals.