Abstract
Forensic psychiatrists are not as vulnerable to liability as general psychiatrists. The absence of a traditional physician-patient relationship and judicial and quasijudicial immunity are all protective against malpractice actions. Although the absence of a doctor-patient relationship removes an essential element of malpractice, other types of liability such as defamation and ordinary negligence are possible and may not be covered by malpractice insurance. A model is proposed for forensic psychiatry of a partial secondary doctor-patient relationship outweighed in most circumstances by duties to truth and/or the hiring attorney. Such a model seems most consistent with conflicting duties currently forced on all psychiatrists. This model has advantages of a duty, a violation of which is likely to be covered by malpractice insurance. Rather than deemphasizing partial secondary physician-patient responsibilities, it is advised to stress the important protection provided by judicial and quasijudicial immunity.
Footnotes
-
This article is a revised version of a presentation at the 24th Annual Meeting of the American Academy of Psychiatry and the Law, October 21, 1993, San Antonio, TX. Dr. Weinstock is affiliated with the West Los Angeles Veterans Affairs Medical Center, Los Angeles, CA; Director, Forensic Psychiatric Training Program and clinical associate professor of psychiatry, University of California, Los Angeles. Dr. Garrick is Chief, General Hospital Psychiatry, West Los Angeles Veterans Affairs Medical Center and professor of psychiatry, University of California, Los Angeles.
- Copyright © 1995, The American Academy of Psychiatry and the Law
