Dw. Shuman et al., Special perspective an immodest proposal: Should treating mental health professionals be barred from testifying about their patients?, BEH SCI LAW, 16(4), 1998, pp. 509-523
Notwithstanding ethical rules that address therapeutic and forensic role co
nflicts for psychologists and psychiatrists, overzealous patient advocacy b
y therapists, tightened reimbursement for therapy, and a growth market for
forensic psychology and psychiatry, have led many therapists to appear will
ingly as forensic experts on behalf of their patients. Existing ethical rul
es, as well as other proposed approaches to address this problem, assume th
at it can be resolved by modest changes in existing practice that permit th
erapists to testify as long as their testimony avoids psycholegal opinions.
This essay questions whether these modest changes can adequately address t
his problem and advances consideration of a more radical proposal to addres
s this problem, prohibiting therapists from testifying about their patients
. (C) 1998 John Wiley & Sons, Ltd.