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Law and Psychology

University of San Diego

Health law & policy

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Parity At A Price: The Emerging Professional Liability Of Mental Health Providers, Thomas L. Hafemeister, Leah G. Mclaughlin, Jessica Smith Mar 2013

Parity At A Price: The Emerging Professional Liability Of Mental Health Providers, Thomas L. Hafemeister, Leah G. Mclaughlin, Jessica Smith

San Diego Law Review

This Article considers the issues associated with emerging professional liability claims against mental health care providers. Part II supplies background information regarding this liability, including the elements of these claims. Part III details the decreasing stigma associated with obtaining mental health services and its impact on professional liability, while Part IV summarizes advancements in mental health treatment that have enhanced the functional capacities of potential litigants. The remaining Parts explore changes in the delivery of mental health care where litigation may be focused, including the increasing use of psychotropic medications (Part V), the expanding role of primary care physicians and …