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| Acknowledgments | |
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| Introduction | |
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| Should Psychologists Be Concerned About Malpractice? | |
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| What Malpractice Really Is | |
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| Trends in Malpractice Litigation | |
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| Can Psychologists Avoid Malpractice? | |
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| Laws That Apply to Malpractice | |
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| A Note on Cases | |
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| Organization of This Book | |
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| Tort Liability Basics | |
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| Negligence | |
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| Intentional Torts | |
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| Strict Liability | |
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| Employee and Agents | |
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| Supervision | |
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| Other Forms of Professional Liability | |
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| Damages | |
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| The Vulnerable Client | |
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| Is Money Enough? | |
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| Tort and Malpractice Reform | |
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| Practical Suggestions | |
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| Negligence in Professional Practice | |
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| The Standard of Care: Duty and the Breach of Duty | |
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| Causation | |
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| Damages | |
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| Defenses | |
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| Comparative Negligence | |
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| Practical Suggestions | |
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| The Professional Relationship and Consent | |
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| Professional Relationship | |
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| Ending the Therapy Relationship and Abandonment | |
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| Informed Consent | |
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| Practical Suggestions | |
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| Confidentiality and Privacy | |
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| Privacy, Confidentiality, and Privilege | |
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| Legal Protections of Confidentiality | |
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| Health Insurance Portability and Accountability Act | |
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| Exceptions to Confidentiality | |
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| Consequences of Breaches of Confidentiality | |
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| Practical Suggestions | |
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| Negligent Diagnosis and Treatment | |
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| Negligent Diagnosis | |
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| Employment Testing | |
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| Educational Testing | |
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| Negligent Treatment | |
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| Managed Care | |
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| Case Illustrations | |
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| Practical Suggestions | |
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| Violence and Threats of Violence | |
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| Suicide | |
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| The Duty to Protect (or Warn) | |
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| Civil Commitment and Liability | |
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| Premature Release | |
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| Practical Suggestions | |
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| Other Areas of Liability in Practice | |
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| Sexual Misconduct | |
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| Nontraditional Therapies | |
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| Research | |
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| Defamation | |
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| Civil Rights Liability | |
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| Forensic Work | |
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| Medicare, Insurance, and Reimbursement | |
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| Pharmaceuticals | |
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| Special Issues in Treating Children and Adolescents | |
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| Practical Suggestions | |
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| The Trial Process and Privileges | |
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| The Process of a Malpractice Case | |
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| The Reality of Settlement | |
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| The Reality of Insurance | |
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| Testimonial Privilege | |
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| What Is a Psychologist to Do? | |
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| Practical Suggestions | |
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| Risk Management Strategies and "Closing Arguments" | |
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| Solid Professional Practice | |
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| Best of All: Avoiding Claims | |
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| Top Ways to Avoid Negligence and Malpractice Claims: A Summation | |
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| A Final Note | |
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| References | |
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| Table of Authorities | |
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| Index | |
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| About the Authors | |