NCJ Number
160300
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 23 Issue: 2 Dated: (1995) Pages: 183-193
Date Published
1995
Length
11 pages
Annotation
Forensic psychiatrists are less vulnerable to medicolegal liability than general psychiatrists because of the nature of their relationship with their patients.
Abstract
Forensic psychiatrists' practice consists primarily of non- treatment-oriented evaluations that do not entail customary legal fiduciary obligations between patient and physician. However, forensic psychiatrists may not be protected from other types of liability, such as defamation and ordinary negligence. The authors propose a model of conflicting duties for the forensic psychiatrist in which a partial secondary doctor-patient relationship ordinarily but not always outweighs other duties, i.e., a duty to truth and the hiring attorney. 37 references