A Will is not a contract because it does not represent a promise to perform a service or execute an action for another person (including corporations). It is solely an allocation of a person’s wealth on death. A contract, such as a Trust, implies the potential for an adversarial relationship if one of the parties…
Suicidal patients exist both as in-patients and out-patients. The treater has a duty to exercise adequate skill in the diagnosis and care of such patients and an additional duty to take adequate precautions when suicidal (or other self-injurious) risk is identified. A medical malpractice may occur when there is either a failure to diagnose the…
The terms depression and sadness are often used interchangeably, which I believe is an error. Sadness is generally experienced when there is a loss of something or someone who is held dear, but is not accompanied by feelings or hopelessness, helplessness, despair, guilt, or loss of self-esteem or self respect. Depression on the other hand…
Many companies have employees in remote locations, domestic and foreign. When an employee becomes acutely ill from a serious psychiatric disorder and cannot travel, the problem arises to find acute care. Several options are available: Local treatment recommended by the company’s psychiatric consultant. Safe evacuation with trained medical non-psychiatric personnel (nurse or EMT). Safe evacuation…
In order for a medical opinion to be admissible as evidence in civil, criminal and administrative cases, the basis of the opinion must fulfill either the Daubert[1] Criteria or the Frye[2] test, depending on the jurisdiction. The judge of the court rules on the admissibility of the expert opinion. The effect of Daubert has been…
Undue influence when creating a will, codicil to amend a will, trust or other legal instrument, occurs when the conduct of another prevents a testator (or anyone for that matter) from exercising his or her free will. The occurrence of undue influence is established by demonstrating that the testator’s testamentary disposition was caused by undue pressure,…
The medical expert cannot express an opinion about the ultimate question to the trier of fact: how much is the plaintiff’s emotional distress (emotional injury) worth in dollars? Yet when the question of these monetary damages is put to a jury, their deliberations are better-served if considered in the context of a Forensic Psychiatrist‘s knowledgeable…
Violence or the threat of violence at the workplace cannot be ignored by an employer. A threat of violence can include bullying, harassment, threats, implied threats. Employers can do something about a potentially violent employee or employee at risk. The employer has a duty to maintain a safe workplace (which is anywhere the job is…
There are distinctions to be drawn when evaluating individuals for occupational problems, psychopathology, disability, creation of a hostile work environment, workplace stress, retaliation, discrimination, risk of violence, and fitness for duty. The current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is more than 900 pages long and describes in detail most…
Fitness for Duty Psychiatric Examinations are conducted by a psychiatrist trained and experienced specifically to conduct a Fitness for Duty, to assess if an employee is mentally fit to perform the essential functions of the job. The following is adapted from a transcribed spoken presentation to Kaiser Permanente’s In-House Counsel about Fitness for Duty. I…
