A psychiatrist/lawyer crossfire

Henry A. Nasrallah, MD
Editor-in-Chief

Do lawyers understand psychiatry? To answer that semi-rhetorical question, I imagined the following conversation between 2 friends, Barry the barrister and Harry the psychiatrist.

Barry: Harry, I think psychiatry is a politically incorrect discipline.

Harry: How so, my dear friend?

Barry: Well, psychiatrists hospitalize people against their will, strip them of their civil liberties, and force them to take powerful, mind-altering drugs.

Harry: Barry, when you think about it objectively, involuntary hospitalization is a compassionate and legal act for people suffering from a brain disease that makes them suicidal or homicidal and a danger to themselves and others with no insight that they are sick. Once treated and improved, patients regain their civil liberties and often thank us for providing care against their will. And a person needs a healthy brain to properly exercise one’s civil liberties.

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Testifying for civil commitment

B. Todd Thatcher, DO, Forensic psychiatrist, Valley Mental Health Forensic Unit, Salt Lake City, UT

Douglas Mossman, MD, Director, Glenn M. Weaver Institute of Law and Psychiatry, University of Cincinnati College of Law, Director, Forensic Psychiatry Fellowship, University of Cincinnati College of Medicine, Cincinnati, OH

Testifying in civil commitment proceedings sometimes is the only way to make sure dangerous patients get the hospital care they need. But for many psychiatrists, providing courtroom testimony can be a nerve-wracking experience because they:

•lack formal training about how to testify
•lack familiarity with laws and court procedures
•fear cross-examination.

Training programs are required to teach psychiatry residents about civil commitment but not about how to testify. Residents who get to take the stand during training usually do not receive any instruction. Knowing some fundamentals of testifying can reduce your anxiety and reluctance to take the stand and help you to perform better in court.

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Listen to Dr. Mossman explain how to prepare to testify in civil commitment proceedings

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