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Book Reviews |
Key Words: Book Reviews
Robert Woody, Ph.D., Sc.D, J.D., has a new book, Legally Safe Mental Health Practice, that is a useful and informative source for both psychiatric residents and staff. The author's background as both a therapist and an attorney provides a valuable grounding for this topic. His down-to-earth style and question-and-answer format make this book highly accessible. Most legal terms are defined, and one does not find the turgid style usually associated with legal matters. The text's organization into coherent chapters such as "Care and Negligence," "Records," and "Business Issues" allows for focused reading.
The strengths of this work are many. Practical problems are dealt with straightforwardly. For instance, the algorithm on dealing with a subpoena was useful to this reader. Specifically, the therapist's option of making a motion to quash a subpoena to protect client confidentiality is a revelation. In a similar fashion, the review of ownership of medical records and their protection would be an eye opener for most residents. One of the major values this book offers is in introducing topics where the resident's likely response would be, "I never thought of that!"
The greatest value of this book would be in aiding senior residents in their transition into practice. Woody has sound advice about procuring ongoing supervision to minimize the ongoing legal risk: "The greatest legal protection will come from having a formal supervisory relationship with a supervisor who has strong credentials and professional stature. . . . Bringing in only `problem cases' reduces the legal protection." Although many in practice may not follow this model, he provides a point for consideration. Woody clearly acknowledges the changing environment in health care and makes a strong case for the legally sensitive issues in joining a practice. The problems of vicarious liability for others in the practice would encourage the new practitioner to take a close look at the entire group with whom she or he will be associating. The bibliography includes standard texts for further reading.
The weaknesses of his book are the flip side of its strengths. Woody offers no footnotes to support his opinions. The avuncular style that makes for easy reading leaves one with concerns about other points of view or contradictory case law. These deficiencies can be minimized by checking his observations with an attorney familiar with your jurisdiction. He can also be idiosyncratic with blanket statements regarding the academic world and what constitutes effective treatment. The comments about effective therapy can best be tracked by regular journal reading.
On balance, I would recommend this book for senior residents to aid in the transition to practice. The sections on record keeping, forensic services, and dual relationships would be valuable for all residents and staff. The book fills the niche of "what I wanted to know about the law but didn't know where to look." The book would be best used in a course format where discussion would allow participants to discern the "rough edges" in his presentation.
Footnotes
Dr. Greiner is Professor of Psychiatry and Director of Education and Residency Training at the Creighton-Nebraska Department of Psychiatry, University of Nebraska Medical Center, Omaha, NE.
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