scholarly journals Speaking with different voices: the problems with English law and psychiatric injury

Legal Studies ◽  
2016 ◽  
Vol 36 (4) ◽  
pp. 547-565
Author(s):  
Russell Orr
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
Physical Injury ◽  
Legal Questions ◽  
Legal Context ◽  
Dsm V ◽  
Law Courts ◽  
The Uk

Private law courts in the UK have maintained the de minimis threshold as a condition precedent for a successful claim for the infliction of mental harm. This de minimis threshold necessitates the presence of a ‘recognised psychiatric illness’ as opposed to ‘mere emotion’. This standard has also been adopted by the criminal law courts when reading the Offences Against the Person Act 1861 to include non-physical injury. In determining the cut-off point between psychiatric injury and mere emotion, the courts have adopted a generally passive acceptance of expert testimony and the guidelines used by mental health professionals to make diagnoses. Yet these guidelines were developed for use in a clinical setting, not a legal one. This paper examines the difficulty inherent in utilising the ‘dimensional’ diagnostic criteria used by mental health professionals to answer ‘categorical’ legal questions. This is of particular concern following publication of the new diagnostic manual, DSM-V, in 2013, which will further exacerbate concerns about compatibility. It is argued that a new set of diagnostic guidelines, tailored specifically for use in a legal context, is now a necessity.

scholarly journals Assessing the Quality of Expert Testimony in Cases Involving Children

1994 ◽  
Vol 22 (2) ◽  
pp. 181-234 ◽  
Author(s):  
Stephen A. Newman
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
High Standard ◽  
Legal Cases ◽  
The Many ◽  
Proper Weight ◽  
Health Experts

Mental health experts must be held to a high standard of quality when presenting opinions in legal cases involving children. This article sets forth a number of suggestions for judges, lawyers, and mental health professionals themselves to consider in preparing, scrutinizing, and judging the quality of forensic reports and testimony. The many pitfalls of forensic work need to be understood if such expertise is to be given its proper weight in these cases.

Mental Health Expert Testimony: Current Problems

1977 ◽  
Vol 5 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Norman G. Poythress
Keyword(s):  
Mental Health ◽  
Present State ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
Legal Profession ◽  
Health Professions ◽  
Health Expert ◽  
Mental Health Expert ◽  
State Of Affairs

In spite of the increasing utilization of mental health professionals as expert witnesses in the courts, neither the mental health professions nor the legal profession finds the present state of affairs concerning expert testimony to be satisfactory. This paper extensively reviews the literature which points to problems with both the mental health and the legal personnel who play major roles in mental health litigation. Also reviewed are the various proposals for change that have been suggested to date.

scholarly journals A 7-year partnership between psychiatric services in Russia and the UK

2005 ◽  
Vol 29 (4) ◽  
pp. 144-146 ◽  
Author(s):  
Mikhail Bakanov ◽  
Roger Bloor ◽  
Vasily Emptsov ◽  
David Pearson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Soviet Union ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Psychiatric Services ◽  
Service Development ◽  
Psychiatric Institutions ◽  
The Soviet Union ◽  
The Uk

Historically, relationships with mental health professionals working in Russia have been difficult to sustain due to problems with access and perceived human rights infringements that existed earlier (Poloahij, 2001). This has resulted in many Russian psychiatric institutions having little opportunity to collaborate in international research or to take part in exchanges of information on service development. However, with the dissolution of the Soviet Union in 1991, Russia has been brought back into spheres of international cooperation in healthcare.

scholarly journals The work patterns of consultant psychiatrists

2007 ◽  
Vol 13 (6) ◽  
pp. 470-475 ◽  
Author(s):  
Judith Harrison
Keyword(s):  
Mental Health ◽  
National Health Service ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Junior Doctors ◽  
Work Patterns ◽  
New Ways Of Working ◽  
The Past ◽  
Increasing Trend ◽  
The Uk

Much has changed in the National Health Service in the UK in the past 10 years and consultant roles need to adapt accordingly. This article describes the drivers for change in consultant roles, including enhanced roles for other mental health professionals, increased expectations of users and carers, changes in junior doctors' work patterns and the new consultant contract. The recommendations of the report on New Ways of Working for Psychiatrists are reviewed, with suggestions for changes in the consultant role in out-patient clinics, community teams and acute care. Enhanced roles for other mental health professionals and the increasing trend to specialisation are also discussed.

scholarly journals Attachment State of Mind and Trauma in Mother and Baby Home Adoptees

2021 ◽  
Author(s):  
Natasha Dalton ◽  
Marian McLaughlin ◽  
Tony Cassidy
Keyword(s):  
Mental Health ◽  
Qualitative Analysis ◽  
Mental Health Professionals ◽  
Thematic Analysis ◽  
Adult Attachment ◽  
Health Professionals ◽  
Scoring System ◽  
Adult Attachment Interview ◽  
State Of Mind ◽  
The Uk

Objectives. This study two had two aims: (i) to establish participant’s state of mind (SOM) with regards to attachment using the Adult Attachment Interview (AAI) (George, Main, and Kaplan,1985-1996) and to explore the experiences and impact of adoption amongst adults adopted from mother and baby homes in the UK and Ireland.Methods. The current study made use of all information gained by the AAI by analysing the interview transcripts in two ways: (i) by using the AAI scoring system (Main, Goldwyn and Hesse, 2003) to assess each participant’s SOM (ii) thematic analysis of the transcripts producing an inductive set of themes. Results. All participants had an insecure SOM with regards to attachment. Three out of the five participants had an unresolved SOM, and preoccupied was the highest represented three-way classification. Qualitative analysis of transcripts identified four overarching themes: (i) Identity and Belonging; (ii) Trauma; (iii) ‘Silenced’ Coping and (iv) Adverse Parenting which reflected their experiences of adoption.Conclusion. Findings indicate that mother and baby home adoptees may be more susceptible to trauma associated with loss. This highlights the importance of suitable adoption placements and vetting of potential adopters. Mental health professionals should be aware that there may be multiple causes contributing to trauma experienced by mother and baby home survivors. These results have clinical and research implications and add to the broader discussion of trauma related to adoption.

scholarly journals Perspectives of drug treatment and mental health professionals towards treatment provision for substance use disorders with coexisting mental health problems in England

2021 ◽  
Vol 7 ◽  
pp. 205032452110553
Author(s):  
Ben Houghton ◽  
Alexis Bailey ◽  
Christos Kouimtsidis ◽  
Theodora Duka ◽  
Caitlin Notley
Keyword(s):  
Mental Health ◽  
Substance Use ◽  
Drug Treatment ◽  
Substance Use Disorders ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Clinical Psychologist ◽  
Treatment Provision ◽  
The Uk ◽  
Psychiatric Problems

Background Opioid-related deaths are at record levels in the UK and contribute to over half of all drug-related deaths. The prevalence of psychiatric disorders within people who uses substances is known to be considerably higher than the general population, yet only 4% of people accessing treatment are thought to receive integrated care for coexisting conditions. This study aimed to explore perspectives on treatment for people with substance use disorders and coexisting psychiatric problems. Methods Face-to-face semi-structured interviews with community drug workers, specialist nurses, prescribing administration worker and one clinical psychologist were conducted. Deductive analysis of three preconceived themes (i.e. reasons for substance use, treatment provision, the role of medication) was conducted. Results There was agreement between drug treatment professionals and mental health professionals for the complexities for being in treatment for people who use substances. An expectancy of prolonged periods of abstinence from drug and alcohol use before psychological treatment would be initiated leading to relapse was reported. Individual judgements of practitioners, stigmatisation and fear of people who use substances and organisational barriers often meant psychological help was unavailable which contributed to a reliance on medication, against national clinical guidance which was known by only one interviewee. Conclusion The UK drug treatment and mental health services should review the pathways to ensure that national guidelines are followed so that people who use substances are not excluded from accessing psychological therapies. Data from the coronavirus pandemic indicates heightened psychiatric problems, where illicit drug use may escalate as a means of self-medication leading to further increases in drug-related deaths.

Family Therapists as Expert Witnesses: Helping Family Court Understand a new Language

1988 ◽  
Vol 16 (1) ◽  
pp. 91-104
Author(s):  
Jeffrey P. Wittmann
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
Family Court ◽  
Expert Witnesses ◽  
Court System ◽  
Legal Professionals ◽  
The Family ◽  
Potential Problems

In this article the potential problems confronted by family evaluators and therapists as they interact with the family court system are reviewed. Problems related to communicating effectively during the course of expert testimony are discussed, with emphasis on the difficulty caused by the use of family oriented language in an arena accustomed to an individual emphasis. A series of recommendations are made to assist family oriented mental health professionals prepare for, and present expert testimony that is understandable by legal professionals and effective.

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