Legal Self-Defense for Mental Health

At some point in their careers, mental health professionals may face legal action from clients. Clients may be noncompliant regarding policies agreed upon at the outset of therapeutic services, not adhere to an individualized treatment plan, be inappropriately aggressive, and file unjustified ethics and licensing complaints and/or lawsuits. Unfortunately, many mental health practitioners are not prepared for such actions and suffer great distress that affects their professional and personal lives. This practical text, written by an author who is both a psychologist and an attorney, demonstrates how mental health professionals can avoid legally actionable mistakes in their practices and what to do if they occur. Reflecting contemporary social policy and laws regarding mental health services, the text emphasizes the protection of rights for both practitioner and client, and addresses such pitfalls as malpractice, licensing hearings, noncompliant clients, and dealing with the legal system. It distills the author's wisdom, gained over more than 30 years of legal counsel to all types of mental health practitioners, and describes how to improve practice strategies for achieving quality care, confront ethics and licensing complaints, and defend against potential or actual lawsuits. Additionally, the book covers individualized treatment planning, effective record keeping, how to deal with dangerous clients, how to insulate yourself from risk, and more. Numerous real life examples further help practitioners foster the knowledge and skills to assertively defend their rights should the need arise. Key Features: Illustrates how to avoid legally actionable mistakes in assessment and treatment Covers such issues as effective record keeping, treatment planning, dealing with dangerous or non-compliant clients, protecting your practice, and more Helps mental health professionals foster a "warrior" mentality when faced with unjust allegations of wrongdoing Presents numerous real-life cases

Preface	p. xi
Mental Health Practitioners Under Siege	p. 1
Damages From Complaints	p. 6
Reconceptualizing Mental Health Services Practice	p. 9
Conclusion	p. 10
The Social Psychology of Practitioner Vulnerability: Avoiding Psychological Errors	p. 13
The Nature and Definition of Psychological Errors	p. 15
Determination of a Psychological Error	p. 16
Values, Beliefs, and Biases	p. 17
Ethical Considerations	p. 19
Clinical Versus Statistical Judgments	p. 23
Conclusion	p. 26
Knowing the Opposition	p. 29
Redefining Patients and Clients	p. 31
Social and Cultural Conditions	p. 33
Abusive Conduct by Service Users	p. 36
Public Policy, Law, and Professionalism	p. 36
The Cause of Unequal Treatment for Mental Health Practitioners	p. 44
Who Will Complain or Pose a Legal Challenge?	p. 46
Conclusion	p. 49
A Protective Shield for Professional Services	p. 52
Individualized Treatment Planning	p. 52
Avoiding Errors in Clinical Assessment	p. 55
Maintaining Clinical Records	p. 58
Ethics-Based Decision Making	p. 62
Conclusion	p. 67
The Practice Context	p. 71
The Sociocultural Context	p. 73
Quality Care	p. 73
The Practitioner's Personal Needs	p. 75
Misleading Reports From Other Mental Health Practitioners	p. 77
Community Standards	p. 80
Conclusion	p. 80
Business Savvy: Structuring and Operating a Mental Health Business	p. 83
Agency Practice	p. 84
Independent Practice	p. 86
Structuring a Mental Health Practice	p. 87
The Business Mindset	p. 87
Entrepreneurship	p. 88
Targeting and Reaching a Viable Market Sector	p. 88
Adequate Resources	p. 90
Time Management	p. 92
Conclusion	p. 93
Dealing With Attorneys and the Legal System	p. 95
The Rule of Law	p. 96
The Professional Culture for Attorneys	p. 97
Avoiding Alienation of Attorneys	p. 99
Having Allies	p. 101
Conclusion	p. 102
Threatening and Dangerous Service Users	p. 105
Risk and Threat Assessment	p. 106
Violence by Mental Health Service Users	p. 112
Psychological Triggers for Violence	p. 115
Violence in the Mental Health Services Context	p. 116
Conclusion	p. 120
Appropriate Defensiveness	p. 121
Defensiveness Mindset	p. 122
Personal Defense Strategies	p. 123
Defining the Service Context	p. 129
Interactions With Service Users	p. 131
Structuring the Office Setup	p. 134
Conclusion	p. 135
Avoiding Ethical and Licensing Complaints and Legal Challenges	p. 237
Professional Self-Concept	p. 138
Professional Reputation and Office Arrangements	p. 139
A Protective Practice Framework	p. 142
Client Management	p. 143
A "Warrior" Mindset	p. 147
Conclusion	p. 148
Epilogue	p. 149
References	p. 155
Index	p. 163
Table of Contents provided by Ingram. All Rights Reserved.

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Legal Self-Defense for Mental Health Practitioners: Quality Care and Risk Management Strategies

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