How An Injury Lawyer In Kingston Deals With Cases Involving Psychiatry

In the past decade, the number of injury claims involving psychiatric themes and topics has increased significantly. From defendants claiming they aren't mentally competent enough to stand trial to plaintiffs claiming how post-traumatic stress disorder from workplaces caused them injuries, there are many reasons why an Injury Lawyer in Kingston should also learn about psychiatry. However, having an understanding of how mental health issues are treated in legal systems isn't enough. Attorneys and plaintiffs must also understand the ethical issues around the topic of using the services of psychiatrists for fighting injury claims. Can a psychiatrist make or break your case? Here's a guide -

Psychiatrists and Law

A psychiatrist who serves as an expert of the legal system, not as a clinician, is called a 'forensic psychiatrist.' These professionals have the certifications to assess injury cases. More importantly, they have an understanding of how legal systems and the practice of psychiatry are connected. When it comes to commenting on injury cases, the ethical obligations of these professionals are simple - they cannot disclose personal details of anyone involved in the case, neither plaintiffs nor defendants. The Hippocratic Oath that all physicians must abide by also applies in court. So, an Injury Lawyer in Kingston cannot coerce a physician into revealing any details they don't want to share.

Hiring Independent Forensic Psychiatrists

It's unethical to involve a psychiatrist who is already treating either the plaintiff or the defendant in an injury case. The ethical move for an Injury Lawyer in Kingston would be hiring an independent forensic psychiatrist who doesn't have anything to do with the injury claim or the people involved in the case. Then, this professional can share expert testimonies based on his or her understanding of the case's facts. All psychiatrists involved in the legal system need to be neutral.

Ethics Not Laws

All psychiatrists are expected to strive for honesty and objectivity. But, there aren't any hard and fast laws preventing psychiatrists from getting involved in personal injury cases. Sometimes, the civil court's office may request a psychiatrist involved in the treatment of the plaintiff or the defendant to share a statement. For instance, if the plaintiff is claiming he has suffered from mental trauma, his psychiatrist may be asked to testify in court. In some sparsely populated regions, there may not be more than two psychiatrists in the vicinity. Since the court cannot avail the services of an independent forensic psychiatrist, the plaintiff or the defendant's psychiatrist may be asked to serve as a neutral witness in the case.

How Top Attorneys Optimize these Cases

A top Injury Lawyer in Kingston will know all about the best psychiatric experts in the locality. The plaintiff will receive the best possible psychiatric evaluations after the accident. The main ethical concern regarding psychiatrists in personal injury cases is that the psychiatrist shouldn't advance his or her patients' interests while testifying. As long as the psychiatrist can share learned opinions about the case in a confidential and neutral manner, their participation in the legal system shouldn't be a problem. To read more Click Here