The roles of behavioral health professionals in class action litigation.
Class action suits frequently have been used as a strategy for improving the quality of mental health care. Psychiatrists, psychologists, and professionals from related disciplines have been involved in these suits in different roles. This article presents and discusses case examples of these roles, which include the expert witness, court-appointed expert, consulting expert, monitor, special master, receiver, advocate, amicus curiae, plaintiff, and defendant. The authors caution against assuming dual roles and argue that professionals, before beginning to participate in this complex arena, should clarify their functional responsibilities, the legal basis of their involvement, and the ethics principles that will guide their actions.
Hoge
Michael A
MA
Yale University School of Medicine, New Haven, CT 06519, USA. michael.hoge@yale.edu
Tebes
Jacob Kraemer
JK
Davidson
Larry
L
Griffith
Ezra E H
EE
D004995:Ethics, Professional; D005104:Expert Testimony; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008605:Mental Health Services / Q000331:legislation & jurisprudence* / Q000592:standards*; D010344:Patient Advocacy / Q000331:legislation & jurisprudence; D024382:Professional Role; D011787:Quality of Health Care / Q000331:legislation & jurisprudence*; D014481:United States