Legal Issues in Mental Health Care

1. Front Matter

   Pages i-xviii

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2. Introduction to the Legal System

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 1-22

3. The Role of the Attorney in the Mental Health System

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 23-39

4. Involuntary Hospitalization

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 41-79

5. Rights of Hospitalized Patients

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 81-108

6. Legal Issues in Providing Treatment

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 109-148

7. Professional Liability

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 149-200

8. Confidentiality

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 201-235

9. The Duty to Protect Third Parties and Negligent Release

   • Barbara A. Weiner, Robert M. Wettstein

   Pages 237-272

10. Competency and Guardianship

    • Barbara A. Weiner, Robert M. Wettstein

    Pages 273-308

11. Legal Rights of Children

    • Kathleen M. Quinn, Barbara A. Weiner

    Pages 309-347

12. Involvement with Litigation

    • Barbara A. Weiner, Robert M. Wettstein

    Pages 349-375

13. Back Matter

    Pages 377-403

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I. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad­ dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina­ tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address­ ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.

• Mental Health
• children
• health
• hospital
• social work
• treatment

• Weiner and Eglit, Ltd., Highland Park, USA

  Barbara A. Weiner

• Western Psychiatric Institute and Clinic, University of Pittsburgh School of Medicine, Pittsburgh, USA

  Robert M. Wettstein

Policies and ethics