1 Courts and Torts: The Psychiatrist Preparing for Trial Brian F Hoffman MD, FRCPC 1 Objective: To outline how a psychiatric expert can do an impartial assessment and medicolegal report and then give an effective presentation in court that can sustain cross-examination. Methods: The legal principles of litigating emotional trauma are reviewed, including proving causation, characterizing emotional suffering, assessing disability, and determining a realistic prognosis. Results: Psychiatrists must understand the interplay of legal and psychiatric principles when they are asked to assess litigants who are suing for monetary compensation for a widening range of emotional injuries resulting from motor vehicle accidents, slips and falls, incest and sexual abuse of children, discrimination, unlawful dismissal, malpractice, human-made disasters, product liability, and intentional torts, to name a few. Conclusion: The psychiatrist can prepare his or her attitude, knowledge, and skills to give a presentation in court that will be credible, trustworthy, and dynamic. With adequate preparation, the psychiatric expert can bring an informed psychiatric perspective to the court that will have a significant impact on the outcome of the judicial deliberations. (Can J Psychiatry 1997;42: ) Key Words: litigation, forensic assessments, expert witness, emotional trauma, psychiatric medicolegal reports Mrs Bertram: That sounds like nonsense, my dear. Mr Bertram: May be so, my dear; but it may be very good law for all that. Sir Walter Scott (1815) Litigation involving emotional trauma is becoming more frequent as the courts try to compensate victims for various injurious acts. Substantial damages have been awarded because of the emotional consequences of motor vehicle accidents, incest and sexual abuse of children (1), work place stress (2), discrimination, breach of contract, unlawful dismissal, malpractice, human-made disasters, product liability (for example, defective heart valves), and intentional torts. The opinion of a psychiatric expert is critical to the legal outcome of many of these cases. Manuscript received August 1996, revised and accepted February Chief of Psychiatry, North York General Hospital, North York, Ontario; Associate Professor of Psychiatry, University of Toronto, Toronto, Ontario. Address for correspondence: Dr BF Hoffman, North York General Hospital, 4001 Leslie Street, Room 805E, North York, ON M2K 1E1 Can J Psychiatry, Vol 42, June 1997 Many cases involving emotional trauma are settled out of court, but those which proceed to trial are often the most complex and polarized of cases. Unfortunately for the courts, the practice of psychiatry is concerned with morbid feelings, thoughts, and motivations that are real, just as love and hate are real, but difficult to quantify, measure, or prove in the individual case. Judges and juries are often biased against recognizing emotional or psychiatric problems. If the psychiatrist is unaccustomed to the adversarial arena and gets caught up in the battle with anger, defensiveness, or a biased opinion, his or her effectiveness or helpfulness to the court may be limited. The common legal questions that a psychiatric expert must understand in a case of emotional trauma before the court have been described in a previous paper (3) and expanded in book form (4). First: Is emotional pain or suffering present? The terms pain and suffering are frequently used, even in cases of psychic distress, because litigation began with physical trauma. One standard jury instruction defining emotional pain or distress is mental distress, mental suffering, or mental anguish. It includes all highly unpleasant mental reactions, such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as 497
2 498 The Canadian Journal of Psychiatry Vol 42, No 5 physical pain (5, p 1). For the psychiatric consultant, this definition is applied to the psychiatric question, Are there emotional symptoms present and do they translate into a psychiatric disorder? Second: What is the cause of the patient s pain and suffering? Is the mental distress caused by the accident or by something else? In contrast to psychiatric views of multidetermined causes, legal cause refers to the sine qua non cause, which is necessary but not necessarily sufficient to produce the effect. The test for legal causation is often referred to as the but for test: but for the accident, would the person be suffering in this manner and to this degree? Third: What is the effect of the pain and suffering on the plaintiff? How do the symptoms and condition caused by the accident produce impairment and disability? Assessments of impairment (caused by medical conditions) and disability (affected by many biopsychosocial factors) are discussed in an American Medical Association publication (6). Although many physicians confine themselves to assessing impairment, psychiatrists may be asked to assess motivation and disability for the court after reviewing multidisciplinary examinations and surveillance reports that are not usually available for standard clinical assessments. Fourth: What is the prognosis? What is a realistic appraisal of the future effects of the injury, the pain, and the suffering on the plaintiff? This prognosis may contrast with the hopeful or optimistic one that most patients are given by doctors and therapists for therapeutic reasons. Finally: Is the patient s history and presentation credible in the opinion of the expert, so that the above issues can be evaluated fairly on the available information? The best trial results, for either the plaintiff or the defence, are the product of effective preparation by both the lawyer and the psychiatrist, who should prepare together and separately. After preparing separately, a series of pretrial meetings between the lawyer and psychiatrist will facilitate the smooth flow of evidence at trial and reduce the chance of unpleasant surprises. The Psychiatrist before Trial Trial preparation for the psychiatrist begins the first time he or she interviews the plaintiff. Even in the initial interview and with the first report, a psychiatrist should be aware that he or she may be called upon to give evidence at trial. Philosophical Stance A fundamental requirement for a psychiatrist assessing litigants is to be comfortable with the role of an expert witness. The psychiatrist will have to determine whether he or she feels that the psychiatrist s role is that of an advocate or an impartial expert. Many authors, including this one, recommend maintaining an impartial role at all times in the litigation process. Some legal experts, however, believe that the medical expert, once he or she forms an opinion, must be free to advocate opinions and conclusions that support the position being advanced by the respective client if supportable on the facts (7). This position is fraught with difficulties, however, if the expert appears to be biased or suppresses contravening facts or opinions. The perception that the psychiatrist is advocating for one side rather than maintaining expert impartiality may discredit the testimony of the otherwise authoritative witness and do damage to his or her client s case in the long run. Another factor that contributes to the psychiatrist s reluctance to give evidence is the concern that the legal process is an infringement on the privacy of the patient psychiatrist relationship. This is particularly true for treating psychiatrists who are called on to give evidence concerning their own patients. In many jurisdictions, a victim who chooses to sue someone for injuries waives confidentiality to both preaccident and postaccident health information. If a patient wishes to sue, he or she may want full disclosure or the court may order it so that the defence can explore other causes of the patient s misfortune for which the defendant is not responsible. Impartial Assessments and Reports It is important for a mental health professional to begin preparing for a trial by asking for all relevant information, seeking independent history from other sources, such as accident reports, clinical records, and relatives, conducting a thorough and fair interview, and then preparing a report that is impartial (8). The impartial consultant will note variations or gaps in the patient s history or observations made by other health care providers that contrast with his or her own findings and direct observations and should state how these affected the opinions expressed in the report. The report will contain all of the important findings of fact and verifiable events and the observations upon which the clinical opinions of diagnosis and prognosis are based. In the United States, the adversarial system has encouraged one-sided and biased reports by experts, but amendments to Rule 26 of the Federal Rules of Civil Procedure, which became effective in December 1993, are likely to filter down to state laws and affect discovery and rules of disclosure in tort actions. This could encourage full disclosure at all levels of the court system and contribute to unbiased reports and settlement prior to trial (9). The best reports are those which are written in plain language and which set forth the history in a structured and comprehensive manner. The reports should be written only by the psychiatrist without the help of the lawyer. If a lawyer points out errors or omissions in a report, it is usually better to write an addendum or a follow-up report than to rewrite the report as if the psychiatrist were a puppet of the lawyer, which the opposing lawyer can expose and then exploit in court.
3 June 1997 The Psychiatrist Preparing for Trial 499 Knowing the Court System In Canada, less than 5% of civil actions go to trial because they are settled through negotiations. The psychiatric aspects of civil litigation are not well taught as part of forensic or general psychiatry. The end result is that lawyers do not know whom to consult, and many practitioners do a few cases and have little court experience. To overcome a reluctance or fear of the courtroom, the potential expert witness will find it useful to become familiar with the trial location, the use of reports and depositions before trial, the giving of evidence, and the techniques and strategies likely to be employed by opposing counsel on cross-examination. Information about these issues should be supplied by the lawyer in a pretrial meeting. Summons to Witness (Subpoena) When the psychiatrist is served with a summons to witness, there is no immediate reason to feel anxious or angry because of the potential inconvenience. The initial demand for attendance at court on a specific date may be meaningless because delays are common, even routine. A phone call to the lawyer will usually ensure that you are called only when needed. Lawyers may summons witnesses as a trial date approaches so they can get an adjournment if the witness is on holidays and unable to attend on a specific court date. If the witnesses are not summonsed, the court may be unwilling to give an adjournment. Although the summons is often accompanied by a small witness fee, the lawyer will still be responsible for professional fees if the expert is required to attend. If the opposing side sends a summons, the expert may want to inform the lawyer who retained him or her and confirm that the fees will be paid by his or her client. Pretrial Meetings with Counsel In preparation for trial, the psychiatrist and counsel often have an initial meeting within a week of the trial date, with a follow-up meeting the night before the psychiatrist is expected to give evidence. The lawyer will usually lead the meeting, focusing on the important issues by providing the expert with a review of the important facts and exchanging new information obtained after the last assessment by the psychiatrist. This information must be given careful consideration before the expert takes the stand if the credibility of the expert is to be sustained. The worse scenario is for the expert to learn of new facts while on the stand, such as a history of a previous accident or alcoholism, that would have influenced the expert s opinion. The initial meeting is an opportunity to review the psychiatrist s résumé. The lawyer can also review the expert s opinion concerning specific issues including diagnosis, causation, prognosis, and the plaintiff s credibility. The psychiatrist s opinions regarding impairment and work disability may be critical to the lawyer in establishing past and future economic loss, which is often the largest component of the financial settlement to which the plaintiff is entitled. It is often helpful to have a dry run, with counsel asking questions and consultant answering to anticipate direct examination in court. It is worthwhile to anticipate questions expected on cross-examination. This will produce insight into the strengths and weaknesses of the lawyer s and the psychiatrist s opinions. Presentation at Trial At the onset of the trial, the presiding judge may make an order excluding all witnesses. If such an order is made, only the parties, their counsels, and the witness giving evidence at the time are permitted to remain in the courtroom. Should the expert arrive while court is in session, it will be necessary to deliver a note to the counsel s table so that the expert does not enter the room if an exclusion order is in force. A note confirming the arrival of the expert will be appreciated by counsel, who will then know that the next witness is available without delaying the proceedings. It is important for the psychiatrist to confine opinions given at trial to his or her area of expertise. As long as evidence is confined to the scope of expertise, the psychiatrist will likely be perceived as having a greater knowledge of emotional issues and psychiatric diagnosis and treatment than the cross-examining lawyer or other specialists. Effective Communication At the pretrial meetings, counsel can review with the psychiatrist the basic principles necessary for the effective delivery of evidence at trial. Effective communication when testifying is an important element in persuading a judge or jury and is enhanced by the expert s demeanour, general appearance, and conduct in the court room. Rada (10), in his article The Psychiatrist as Expert Witness, describes 3 ways to prepare to give evidence in court: 1) attitudinal preparation, 2) cognitive preparation, and 3) skills preparation. Attitudinal Preparation. The attitude of the psychiatrist will influence effectiveness in court. An expert who has the attitude of a teacher who carefully explains complex concepts simply is especially valuable. Confidence, without arrogance, is perceived in a positive light, whereas academic jargon and rambling or dogmatic inflexibility are usually seen negatively. The following guidelines are offered to the psychiatrist as expert witness (10): 1) discard the notion that you are above criticism as an expert and overcome any feelings that you are infallible in your field of expertise; 2) be prepared to act courteously, even in the face of improper treatment by opposing counsel; 3) recognize that some issues, especially
4 500 The Canadian Journal of Psychiatry Vol 42, No 5 in psychiatry, do not fall into black and white categories. Answers need not be given with certainty, and it may be appropriate to answer I don t know ; and 4) do not let opposing authorities overwhelm you. The court wants to hear your opinion, not the opinion of a textbook or reference. Acknowledge disagreements; it is not uncommon for capable experts to disagree on the same topic. Cognitive Preparation. Cognitive preparation involves reviewing the facts of the case and the legal issues to be determined. An example of a legal issue is the difference between the burden of proof required in a civil case as opposed to a criminal prosecution. In the case of a civil action, the plaintiff must prove the issue of causation on a balance of probabilities (51%, or more likely than not), as opposed to the onus placed on the prosecution in a criminal case, which requires that proof be established beyond a reasonable doubt. A psychiatrist commenting on causation does not have to express an unconditional opinion that the accident caused or did not cause the plaintiff s problems. The expert can give a thoughtful opinion based on a balance of probabilities. Psychiatric evidence can be crucial when plaintiff s counsel is attempting to advance a thin skull theory. The psychiatrist should be well versed in the basic legal principles of the thin skull theory in contrast to the crumbling skull theory (3). Skills Preparation. Skills preparation refers to presentation skills in the courtroom. Psychiatrists would be well advised to begin with simpler cases rather than controversial cases. In my experience, the assessment for a victim s lawyer is often less complicated than defence work because of the similarity to clinical practice, with an inherent tendency to believe the patient. In plaintiff work, several interviews are permitted, and corroborative histories from relatives and others are usually available. Experts retained by the defence often have difficulty gaining the trust of the plaintiff, who may be frightened, suspicious, or even hostile in the interview. The expert for the defence is often confined to one interview of the plaintiff, without access to relatives, and may be enlisted quite late in the litigation process after the lawyer has collected a thick legal brief that may contain subtle or gross evidence that raises serious doubts about the plaintiff s version of the history. It is wise to stay within one s clinical, research, or academic experience within the broad area of litigation. For example, a clinician might be comfortable discussing a chronic pain syndrome caused by an accident, but not with the long-term consequences of childhood sexual abuse. The psychiatrist, with time, will become more capable in anticipating and dealing with contrary opinions in the adversarial arena of the courtroom and eventually be able to draw and defend conclusions publicly on evidence that becomes available during the trial. To maintain credibility and objectivity, the expert may have to modify his or her opinion if this is warranted by the evidence presented. Credibility of the Expert It is important to understand methods of giving credible and persuasive evidence. Persuasive witnesses are seen by a judge or jury as more credible, and their evidence will be preferred over equally qualified witnesses. Bank and Poythress have described 3 characteristics that increase credibility when the expert is giving testimony: expertise, trustworthiness, and dynamism (11). Persons who are perceived as having a high degree of expertise are described by audiences as trained, experienced, informed, authoritative, able and intelligent (11, p 176). The qualifications of an expert should be thoroughly presented at the beginning of testimony because this will affect how much weight the judge or jury will give to the opinions expressed by different experts. Witnesses are highly valued if other practitioners turn to them for opinions in the specific field. This may be measured by such background as academic appointments, positions of responsibility, or authorship of articles and books on the topic. The second component of credibility is trustworthiness, which is related to the apparent honesty and objectivity of the witness. Did the expert witness suppress or overlook contrary history or observations by others, such as the preaccident clinical notes of the family physician, before forming an opinion and writing a report? The subject of fees may be raised in order to attack the trustworthiness of the witness. The witness who is unusually vague or slippery when answering questions, or dogmatic or inflexible when confronted with contradictory evidence, will appear untrustworthy. The third component of credibility is dynamism. The juror is more easily persuaded by personable or friendly experts; this is true independent of technical or medical truthfulness. Speakers with little dynamism are characterized as meek and hesitant. Speakers with dynamism often resort to an emotional, rather than a logical, line of evidence, especially in front of a jury. Conclusion By following some of the principles and recommendations contained in this paper, the psychiatrist can work with the lawyer to be well prepared and to present relevant, comprehensible, and unbiased opinions in a professional and persuasive manner. The presentation of the properly prepared and unbiased expert will withstand the rigours of cross-ex-
5 June 1997 The Psychiatrist Preparing for Trial 501 amination and bring an important, informed psychiatric perspective to the judicial deliberations. Clinical Implications Psychiatrists are needed to inform the courts and the public about the emotional sequelae of trauma. Psychiatric evaluations must be fair, comprehensive, and systematic, but must address specific legal questions. The psychiatric expert can improve performance in court by preparing his or her attitude, knowledge, and skills. Limitations Because of the adversarial system, critical information may be withheld from the psychiatric expert. Psychiatrists have limited ability to detect malingering. In a trial, psychiatric principles and knowledge may come second to legal principles and processes. References 1. Neeb JWW, Harper SJ. Litigation for childhood sexual abuse. Toronto: Butterworths; McDonald JJ Jr, Kulick FB, editors. Mental and emotional injuries in employment litigation. Washington (DC): Bureau of National Affairs; Hoffman BF, Spiegel H. Legal principles in the psychiatric assessment of personal injury litigants. Am J Psychiatry 1989;146: Hoffman BF, Rochon J, Terry J. The emotional consequences of personal injury: a handbook for psychiatrists and lawyers. Toronto: Butterworths; Kadue DD. The legal context. In: McDonald JJ Jr, Kulick FB, editors. Mental and emotional injuries in employment litigation. Washington (DC): Bureau of National Affairs; p American Medical Association. Guides to the evaluation of permanent impairment. 3rd ed. Revised. Milwaukee: American Medical Association; Slovenko R. Psychiatric expert testimony and the adversarial system. In: Psychiatry and law. Boston: Little, Brown; p Hoffman BF. How to write a psychiatric report for litigation following a personal injury. Am J Psychiatry 1986;143: Metzner JL. Amendment to rule 26: information for the forensic psychiatrist. American Academy of Psychiatry and the Law Newsletter 1994;19: Rada RT. The psychiatrist as expert witness. In: Hofling CC, editor. Law and ethics in the practice of psychiatry. New York: Brunner/Mazel; p Bank G, Poythress N. The elements of persuasion in expert testimony. Journal of Psychiatry and the Law 1982;l0: Résumé Objectif : Décrire comment un expert en psychiatrie peut réaliser une évaluation et un rapport médico-légaux impartiaux et ensuite donner, devant le tribunal, un exposé efficace qui pourra résister au contre-interrogatoire. Méthodes : Les principes juridiques des poursuites pour traumatismes affectifs font l objet d un examen, y compris la preuve de causalité, la caractérisation de la souffrance morale, l évaluation de l incapacité et la détermination d un pronostic réaliste. Résultats : Les psychiatres doivent comprendre la réciprocité des principes juridiques et psychiatriques qui entrent en jeu lorsqu on leur demande d évaluer les parties à un litige qui intentent des poursuites afin d obtenir réparation financière d un éventail croissant d atteintes morales découlant d accidents de la route, de glissades et de chutes, d incestes et d agressions sexuelles à l égard d enfants, de discrimination, de congédiements illégaux, de fautes professionnelles, de catastrophes causées par l homme, de responsabilités du fait de produits et de délits intentionnels, pour ne nommer que ceux-là. Conclusion : Le psychiatre peut préparer son attitude, ses connaissances et ses compétences afin de présenter un exposé qui sera crédible, digne de foi et dynamique. Grâce à une préparation appropriée, l expert en psychiatrie peut faire valoir une perspective psychiatrique éclairée au tribunal, ce qui aura une incidence importante sur l issue des délibérations.
You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting
THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601
Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through
Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion
MEDICAL-LEGAL MATTERS These fees cannot be correctly interpreted without reference to Preamble Section c, Clause 2. Setting of BCMA Fees - General Considerations The BCMA Fees have been set by the BCMA
Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should
Guidelines for the Physician Assistant Serving as an Expert Witness (Adopted 1977, Amended 1987, 1991, 2001) (1) A physician assistant may serve as a witness in a legal proceeding in one of several capacities.
Expert Medical Evidence: The Australian Medical Association s Position The Australian Medical Association and its members have had an increasing interest in this field for many years, with the level of
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT Having at least a basic understanding of the most common steps involved in a typical personal injury case may help empower you as a victim. Broussard & Hart,
DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since
April, 2011 VOL. 5, ISSUE 2 How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and
How to Select a Lawyer by J. Sherrod Taylor Persons with traumatic brain injury (TBI) and their families must make many important decisions in the early days following injury. One significant decision-that
1 HOW TO ASSESS AND COMPENSATE PSYCHIATRIC INJURIES IN THE WORKPLACE Grace Lawson 1 Introduction Mental illness has become a major health problem in Australia. Work-related mental injuries have also become
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
When a Lawsuit Happens W hile no physician wants to face a medical malpractice lawsuit, it is important to be prepared and familiar with the process. By becoming actively involved in the defense, learning
Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.
SUBMISSION OF THE MEDICO-LEGAL SOCIETY OF TORONTO TO THE HONOURABLE COULTER OSBORNE, QC CIVIL JUSTICE REFORM The Medico-Legal Society of Toronto (MLST) is a voluntary association of doctors and lawyers.
Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Who's on First? Princeton, New Jersey Trial Diplomacy Journal, Vol.
RYAN PACYGA CRIMINAL DEFENSE 333 South 7 th Street, Suite 2850 Minneapolis, MN 55402 612-339-5844 www.arrestedmn.com More information on the YouTube channel Ryan Pacyga CRIMINAL COURT IN MINNESOTA: Understanding
APPENDIX 2A Sample Initial Letter Dear [name]: Re: Motor Vehicle Accident Please read this letter carefully and retain it in your file, as it contains important information about your claim and the basis
Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Peterborough Thursday, April 14, 2011 Basic Anatomy of Personal Injury Actions Presented by: ROBERT M. BEN 416-868-3168 firstname.lastname@example.org
LAW: THE PAEDIATRIC PERSPECTIVE More than one million Canadian and American children sustain traumatic brain injuries (TBI) each year. Many of these injuries occur in traumatic events e.g., motor vehicle,
A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that
The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office
Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES
Special Topics Goals and Objectives 1. Forensic Psychiatric Evaluation To be capable of performing a competent comprehensive forensic psychiatric evaluation whether it is a civil dispute or criminal matter.
SUGGESTIONS FOR MAXIMIZING YOUR MEDICAL EXPENSES CLAIM IN YOUR AUTO NEGLIGENCE CASE Economic damages continue to be the reference figure against which ratios of non-economic damages and case values are
The Ohio State University Knowledge Bank kb.osu.edu Ohio State Law Journal (Moritz College of Law) Ohio State Law Journal: Volume 15, Issue 4 (1954) 1954 Law and Medicine: A Report on Interprofessional
Author: Attorney Dan A. Riegleman N63 W23965 Main Street Sussex, Wisconsin 53089 Prepared: 06/01/10 WHITE PAPER: DR2504 Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings There are
ACKNOWLEDGEMENT OF RECEIPT OF WESTERN DENTAL S NOTICE OF PRIVACY PRACTICE By signing this document, I acknowledge that I have received a copy of Western Dental s Joint Notice of Privacy Practices. Name
Mock Trial Examining Elements to Prepare the Pediatric Practitioner Brian G. Wilhelmi M.D./J.D., Eric V. Jackson M.D./M.B.A., Robert S. Greenberg M.D., Brian J. McNamara J.D. 1 Educational Objectives Upon
Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Provided as an educational service by: Anthony D. Castelli, Esq. Concentration in Auto and Work Related Injuries (513) 621-2345 ATTENTION!!!
COPING WITH A MEDICAL MALPRACTICE SUIT Sara C Charles, Department of Psychiatry, University of Illinois School of Medicine, West J Med 2001;174:55-58 INTRODUCTION In this article, I discuss how and why
State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: psychiatric security review board Introduced by Representative Gardner AN ACT Amending sections
Medical Litigation in 2012 Jacob Tse Partner Mayer Brown JSM 8 May 2012 Medical Litigation All kinds of litigation relating to medico-legal matters Legal action for medical negligence 23989412 2 Time limit
SERVICES FOR FORENSIC CLIENTS GENERAL LEGAL RIGHTS CHAPTER 13 DESCRIPTION OF FORENSIC POPULATION The forensic program for the State of Missouri is designed to provide services to all circuit courtordered
Information for Clients Welcome to Sterman Counseling and Assessment. We appreciate the opportunity to be of assistance to you. This packet answers some questions about therapy services. It is important
Advanced Assessments Ltd Expert witnesses and Psychologists A Member of the Strategic Enterprise Group 180 Piccadilly, London, W1J 9HP T: 0845 130 5717 Expert Witness Services for Personal Injury Lawyers
MARYAND JUDICIAL CONFERENCE COMMITTEE ON FAMILY LAW CUSTODY SUBCOMMITTEE HON. MARCELLA HOLLAND, CHAIR MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES TEXT
The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,
How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,
FURR & HENSHAW http://www.scmedicalmalpractice.com 1900 Oak Street Post Office Box 2909 Myrtle Beach, South Carolina 29578 (843) 626-7621 (800) 849-2525 email@example.com and 1534 Blanding Street Columbia,
Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking
Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory
D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie
A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:
New York Law Journal Wednesday, July 31, 2002 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination: The Basics Ben B. Rubinowitz and Evan Torgan BODY: Cross-examination involves relatively straightforward
Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations
New York Law Journal Tuesday, November 28, 2000 HEADLINE: BYLINE: Trial Advocacy, Direct Examination Of A Medical Expert Ben B. Rubinowitz and Evan Torgan BODY: The direct examination of your medical expert
Expert Medical Witness A. Preparation of Medical Expert 1 The selection of the medical expert is ordinarily made well in advance of trial. The expert medical witness should review all pertinent medical
WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL
JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,
Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law
Personal Injury Accident Claims Do you need a Solicitor anymore? In the current climate, where the Personal Injuries Assessment Board advises that Claimants do not need a solicitor, Brian Morgan Litigation
STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge
Page 1 of 5 Case Name: Sousa v. Akulu Between Sousa, and Akulu et al  O.J. No. 3061 36 C.P.C. (6th) 158 150 A.C.W.S. (3d) 320 2006 CarswellOnt 4640 Court File No. 05-CV-282383PD 3 Ontario Superior
Where to Begin 1 Contents What You Need to Know Once You ve Been Injured 2 The People Playing a Role in Your Recovery 5 Why You Need a Personal Injury Lawyer 8 Frequently Asked Questions 11 Recovery Diary
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely
Personal Injury Accident Claims 2011 You still need a Solicitor. Subsequent to the passing of the Personal Injuries Assessment Board Act 2003 and the Civil Liability & Courts Act 2004 Brian Morgan wrote
MEDICAL RECORDS ACCESS GUIDE IOWA Parsonage Vandenack Williams LLC Attorneys at Law Parsonage Vandenack Williams LLC 2008 For more information, contact firstname.lastname@example.org TABLE OF CONTENTS Iowa...1 Patient
ATTACKING EXPERT TESTIMONY EFFECTIVELY by Hon. Eddward P. Ballinger, Jr. Whether considering the damages suffered from an alleged contractual breach, the cause of plaintiff s injuries, or a professional
EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES A multi-disciplinary approach to systems change and offender accountability Megan Widman, MSW Director of Social Action, HAVEN Co-Chair, Oakland County
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature
How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG ACG Annual Meeting 2013 How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB,
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
!Und efined Boo kmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE D11638505 MICHAEL MILOVANOVIC Plaintiff v VENTURE MOULD & ENGINEERING AUSTRALIA PTY LTD Defendant --- MAGISTRATE: Magistrate B.R.
Handout: Risk The more risk factors to which a child is exposed the greater their vulnerability to mental health problems. Risk does not cause mental health problems but it is cumulative and does predispose
Dale C. Godby, Ph.D., ABPP, CGP 6330 LBJ Suite 150 Dallas, Texas 75240 972-233-0648 Problems in love and work, as well as troubling symptoms like depression and anxiety, often lead people to seek therapy.