Malpractice in Psychology: A Practical Resource for Clinicians
For individuals in the U.S. & U.S. territories
Many mental health practitioners fear malpractice suits. Besides obtaining the appropriate insurance, clinicians should understand the risks of lawsuits and implement risk management strategies to avoid unfounded malpractice claims and decrease the likelihood of being sued successfully.
With combined expertise in psychotherapy and law, Shapiro and Smith expertly navigate you through the unfamiliar territories of professional liability, negligence, informed consent, privacy and confidentiality, HIPAA, defamation, violence and suicide, and trials and settlements.
Through its illustrative case examples and up-to-date discussion of law and ethics, this book will help you enrich and protect your professional practice.
- Tort Liability Basics
- Negligence in Professional Practice
- The Professional Relationship and Consent
- Confidentiality and Privacy
- Negligent Diagnosis and Treatment
- Violence and Threats of Violence
- Other Areas of Liability in Practice
- The Trial Process and Privileges
- Risk Management Strategies and "Closing Arguments"
Table of Authorities
About the Authors
David L. Shapiro, PhD, is a professor of psychology at Nova Southeastern University in Fort Lauderdale, Florida, where he teaches courses in ethics and professional issues, forensic assessment, criminal law, consultation and supervision, and projective testing. He was formerly an associate professor of psychology at the John Jay College of Criminal Justice in New York.
Dr. Shapiro has also taught many continuing education seminars for state and national psychological associations in the areas of professional liability and malpractice. He is the author of numerous books and articles, all having to do with the interface of psychology and law.
He has served on APA's Ethics Committee and has chaired the Ethics Committee of the American Board of Professional Psychology. He is currently president of APA Division 46 (Media Psychology).
He is a diplomate of the American Board of Professional Psychology (forensic) and has served as an examiner for that board. He has been involved in the practice and teaching of forensic psychology for over 40 years.
Steven R. Smith, MA, JD, is president, dean and professor of law at California Western School of Law in San Diego.
He has lectured and written widely in the areas of mental health law and law and medicine. Areas of special interest include confidentiality and privilege, malpractice, the mental health care delivery system, and expert witnesses.
In addition to being active in legal education, he has served as the public member of several mental health organizations, including the APA Ethics Committee and the boards of the National Register and the American Board of Professional Psychology. He also is a founding member of the board of the Association for the Accreditation of Human Research Protection Programs.
His MA (economics) and JD degrees are from the University of Iowa. Previously he taught at the University of Louisville and Cleveland State University. He has received a variety of awards for creative teaching, research and scholarship, and outstanding service.