Ethics, Duty of Care and Forensic Psychiatric Assessment: A Legal Perspective

Abstract

Objective and Method: This article examines some of the ethical and legal issues which confront the psychiatrist who is asked to provide a forensic psychiatric assessment. Theory is explained and illustrated by way of a case study. Results: Recent cases demonstrate a tendency by some psychiatrists to adopt an advocacy role in legal proceedings, to the potential disadvantage of not only those involved in the proceedings, but also to the wider community. Conclusion: Ideally, there is a need for a greater collaborative effort between the College's Ethics Committee and this Country's Courts and Law Societies to establish and monitor an ethical framework in the area of expert psychiatric evidence.