Mental and Emotional Injuries in Employment Litigation

Mental and Emotional Injuries in Employment Litigation PDF Author: James J. McDonald
Publisher: BNA Books (Bureau of National Affairs)
ISBN:
Category : Law
Languages : en
Pages : 472

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Book Description
Use this comprehensive overview to evaluate potential claims objectively...and to select, depose, and cross-examine mental health experts more effectively. Attorneys, psychiatrists, psychologists, and pharmacologists explain the legal and mental health issues you need to assess -- and be ready to litigate -- in this complex area of practice, including: -- diagnosis of commonly claimed disorders -- the intricacies of sexual harassment claims, psychological testing, and effects of medication -- assessment of post-traumatic stress -- detection of malingering -- the statutory and common law bases for recovery of damages The book's analyses, exhibits, and numerous examples help you focus on the complex elements of these claims. And a full index and table of cases make it ideal for your case evaluation.

The American Psychiatric Publishing Textbook of Forensic Psychiatry

The American Psychiatric Publishing Textbook of Forensic Psychiatry PDF Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 9781585620876
Category : Medical
Languages : en
Pages : 626

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Book Description
General clinicians conduct most forensic psychiatric examinations and provide most psychiatric testimony. Yet these clinicians often receive little or no training in forensic psychiatry, leaving them ill prepared to meet the inevitable ethical and legal challenges that arise. Both timely and informative, this textbook is the first reference designed and written for both the general clinician and the experienced forensic psychiatrist. Here, 28 recognized experts introduce the forensic subjects that commonly arise in clinical practice. Unique in the literature, this outstanding collection covers • Introductory subjects—Organized psychiatry and forensic practice; the legal system and the distinctions between therapeutic and forensic roles; business aspects of starting a forensic practice; the role of the expert witness; the differences between the ethics of forensic and clinical psychiatry; the use of DSM in the courtroom; and issues that arise in working with attorneys• Civil litigation—The standard of care and psychiatric malpractice; civil competency; issues in conducting evaluations for personal injury litigation; personal injury claims of psychiatric harm; and disability determination and other employment-related psychiatric evaluations• Criminal justice—Competency to stand trial and insanity evaluations; the use of actuarial and clinical assessments in the evaluation of sexual offenders; psychiatry in correctional settings; and the relationship between psychiatry and law enforcement, including mental health training, crisis negotiation, and fitness for duty evaluations• Special topics—Assessment of malingering; evaluations of children and adolescents; violence risk assessments; the use of prediction instruments to determine "dangerousness"; and the evolving standard of expert psychological testimony Each chapter is organized around case examples and includes a review of key concepts, practical guidelines, and references for further reading. A study guide is also available for use in teaching, in studying, and in preparing for the forensic board examination. This practical textbook makes this interesting specialty accessible to trainees and seasoned practitioners. With its detailed glossary of legal terms, subject index, and index of legal cases, it will be a welcome addition to all psychiatric residency and forensic fellowship programs.

Employment Litigation

Employment Litigation PDF Author: Mary A. Gambardella
Publisher: Law Journal Press
ISBN: 9781588521088
Category : Law
Languages : en
Pages : 432

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Book Description
Employment Litigation provides in-depth procedural guidance on the field of employment law including litigation & settlement. This book is a trove of proven strategies and sample documents.

Posttraumatic Stress Disorder in Litigation

Posttraumatic Stress Disorder in Litigation PDF Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 1585627534
Category : Medical
Languages : en
Pages : 269

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Book Description
The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.

Mental and Emotional Injuries in Employment Litigation, 1998 Supplement

Mental and Emotional Injuries in Employment Litigation, 1998 Supplement PDF Author: James J. McDonald
Publisher:
ISBN: 9781570181177
Category : Affective disorders
Languages : en
Pages : 219

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Book Description


Evaluating Mental Health Disability in the Workplace

Evaluating Mental Health Disability in the Workplace PDF Author: Liza Gold
Publisher: Springer Science & Business Media
ISBN: 1441901523
Category : Psychology
Languages : en
Pages : 341

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Book Description
As many as one in four adults in the workforce will suffer from psychiatric illness in a given year. Such illness can have serious consequences -- job loss, lawsuits, workplace violence—yet the effects of mental health issues on job functioning are rarely covered in clinical training. In addition, clinicians are often asked to provide opinions on an employee’s fitness for work or an evaluation for disability benefits, only to find themselves embroiled in complex legal and administrative conflicts. A unique collaboration between a renowned clinical professor of psychiatry and a noted legal expert, Evaluating Mental Health Disability in the Workplace approaches the topic from two distinct areas: the legal context and issues relevant to disability and disability-related evaluations, and the interplay of factors in the relationship between work and psychiatric illness. From this dual perspective, the authors advocate for higher professional standards ensuring that employers, evaluees, or third parties are provided with the most reliable information. Key features of the book: A robust assessment model of psychological disability in the workplace Practice guidelines for conducting workplace mental health disability evaluations Legal and ethical aspects of employment evaluations, especially as they differ from clinical procedure Examination of the process of psychiatric disability development Issues specific to evaluations for Social Security, Workers’ Compensation, and other disability benefit programs Review of relevant administrative and case law. As an introduction to these complex issues or for the further improvement of evaluation skills, Evaluating Mental Health Disability in the Workplace is a timely reference for psychiatrists, psychologists, forensic mental health specialists, and attorneys in this field.

California Employment Law: an Employer's Guide

California Employment Law: an Employer's Guide PDF Author: James J. McDonald
Publisher:
ISBN: 9781586444815
Category : Labor laws and legislation
Languages : en
Pages : 0

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Book Description
Written for HR professionals and business people, California Employment Law: An Employer's Guide is the essential resource for avoiding the many traps set for California employers. This valuable reference is updated to address new developments in 2018, including: California's new Ban the Box law; New parental leave requirement for smaller employers; Prohibition on salary history inquiries; Prohibition on employer cooperation with immigration authorities; Requirement that employees not be on call during rest breaks; Requirement that employees be given one day's rest in seven; New protections for transgender employees; Increased minimum wage; Increased pay thresholds for overtime exemptions; WARN Act coverage of brief furlough; and much more.

Expert Psychological Testimony for the Courts

Expert Psychological Testimony for the Courts PDF Author: Mark Costanzo
Publisher: Psychology Press
ISBN: 1000149420
Category : Psychology
Languages : en
Pages : 318

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Book Description
During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.

Employment Litigation Handbook

Employment Litigation Handbook PDF Author: Cathy Beveridge
Publisher: American Bar Association
ISBN: 9781604429121
Category : Business & Economics
Languages : en
Pages : 590

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Book Description
This updated and expanded edition provides experienced solutions to the procedural and important substantive problems you will encounter in assessing, settling, litigating, and appealing an employment case no matter your level of experience, whether you represent management or employee, or whether the case at hand involves harassment, discrimination, or wrongful discharge. It includes dozens of checklists, sample pleadings, interrogatories, letters, and other useful forms. These time-saving materials are also included on a CD-ROM."

Handbook of Forensic Assessment

Handbook of Forensic Assessment PDF Author: Eric Y. Drogin
Publisher: John Wiley & Sons
ISBN: 1118028007
Category : Psychology
Languages : en
Pages : 663

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Book Description
The first handbook to explore forensic assessment from psychiatric and psychological perspectives "The editors have assembled a magnificent collaboration between psychiatrists and psychologists to bring forth critical knowledge and insight to the core competency of forensic assessment. This handbook is essential reading and a comprehensive resource for both newly minted and seasoned forensic practitioners." —Robert I. Simon, MD, Director, Program in Psychiatry and Law, Georgetown University School of Medicine "This long-awaited resource blows the dust off traditional standards, shakes the cobwebs out of our old ways of thinking, and shows the practical steps in producing work that will make sense to juries and withstand the most skillful cross-examination. . . . [T]here is no better resource." —Kenneth S. Pope, PhD, ABPP, Diplomate in Clinical Psychology; coauthor, Ethics in Psychotherapy and Counseling, Fourth Edition "From preparation to collection to interpretation to communication of the results, this excellent, comprehensive treasure shows how to conduct forensic assessments. Each splendid evidence-based chapter is presented from the collaboration between psychologists and psychiatrists. It is a must-have resource for forensic experts as well as general practitioners or anyone wishing to understand standard of care in forensic assessment." —Melba Vasquez, PhD, ABPP, 2011 American Psychological Association President The practitioner-oriented coverage in the Handbook of Forensic Assessment examines: The current state of psychology and psychiatry—including requisite clinical competencies, ethical guidelines, and considerations of multidisciplinary collaboration Various approaches to assessments in criminal and civil matters The principles of effective preparation, data collection, and interpretation, as well as communication for each special situation Topics including competence to stand trial, sexual offender evaluations, addictions, child abuse, and education Overarching practice issues, such as practice development, retention, compensation, consultation, and forensic treatment Includes sample reports that demonstrate the integrative potential of both psychology and psychiatry Incorporating a wealth of current and multidisciplinary research, the Handbook of Forensic Assessment is destined to become every mental health professional's most valuable one-stop reference for their forensic work.