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9 - Civil litigation

from Section 2 - Structure and content

Published online by Cambridge University Press:  07 September 2011

Alec Buchanan
Affiliation:
Yale University, Connecticut
Michael A. Norko
Affiliation:
Yale University, Connecticut
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Summary

This chapter introduces the principles of forensic report writing for psychiatrists involved in civil cases as well as considerations for specific types of evaluations in civil litigation, including medical malpractice, personal injury, and civil competencies. Before agreeing to complete a report for civil litigation, the forensic psychiatrist must consider the ethical aspects of participation in the legal proceedings. Psychiatric reports in civil litigation serve different purposes depending upon the type of case in question. In writing reports for civil litigation, the forensic psychiatrist must tailor each report in order to address the specific question being asked. A report for alleged negligence in treatment would appear quite different from a report for testamentary capacity or guardianship. The forensic evaluator must be clear at the outset what specific question the report is expected to answer as well as which jurisdiction is concerned and what governing law applies to the particular case.
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Chapter
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The Psychiatric Report
Principles and Practice of Forensic Writing
, pp. 112 - 127
Publisher: Cambridge University Press
Print publication year: 2011

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