PT  - JOURNAL ARTICLE
AU  - Weinstock, Robert
AU  - Garrick, Thomas
TI  - Is Liability Possible for Forensic Psychiatrists?
DP  - 1995 Jun 01
TA  - Journal of the American Academy of Psychiatry and the Law Online
PG  - 183--193
VI  - 23
IP  - 2
4099  - http://jaapl.org/content/23/2/183.short
4100  - http://jaapl.org/content/23/2/183.full
SO  - J Am Acad Psychiatry Law1995 Jun 01; 23
AB  - 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.