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Legal and Ethical Issues in Mental Health (virtual)

Mental health professionals are regularly faced with ethical and legal conundrums in their clinical practice. This program will review the law of negligence so clinicians can understand what plaintiffs are required to prove to succeed in a malpractice case. Common pitfalls will be reviewed to avoid malpractice suits and discipline by state licensure boards. Differences between confidentiality and privilege and HIPPA duties will be explained. Advice will be given on how to balance your duty to keep client information confidential against your duty to protect others from serious physical harm. Finally, documentation techniques to reduce the risk of adverse consequences will be covered, particularly in clients who are at risk for suicide. This three hour program is essential for mental health professionals to improve their understanding of the legal and ethical issues that are critical for performing at the standard of practice.

Workshop Content

Explain how negligence law applies to mental health malpractice
Trends in Mental Health Malpractice: A Tale of Sex and Violence
Confidentiality and Privilege
The Duty to Protect Others

Workshop Objectives

Describe basic concepts in the law of negligence
Identify common pitfalls that increase the risk of law suits and discipline by state licensing boards
Identify three techniques that reduce risk of malpractice
Describe the difference between confidentiality and privilege
Be able to balance clients’ right to confidentiality against legal duties to protect others from serious physical harm.
Know when there is a duty to protect intended victim(s) from the violence of a client
Identify the legal requirements for protecting a possible victim

Presented by

Phillip Resnick, M.D.
Phillip  Resnick, M.D.Phillip J. Resnick is an internationally known forensic psychiatrist noted for his expertise in the assessment of violence risk and the detection of malingered mental illness.  He is a Professor of Psychiatry at Case Western Reserve University School of Medicine in Cleveland, Ohio.  He is a past president of the American Academy of Psychiatry and the Law.  He has provided consultation in many high profile cases including:  Jeffrey Dahmer, Susan Smith, Timothy McVey, Andrea Yates, Scott Petersen, Brian Mitchell (kidnapper of Elizabeth Smart), Theodore Kaczynski (Unabomber) and Casey Anthony.  He has written over 215 professional journal articles and book chapters.  Dr. Resnick contributed two chapters to Clinical Assessment of Malingering and Deception.  He received the Isaac Ray Award from the American Psychiatric Association for outstanding contributions to forensic psychiatry and psychiatric aspects of jurisprudence. He has lectured in 49 states and 24 countries. Dr. Resnick’s presentations are well organized, humorous and packed with vital information.