Expert psychiatric evidence in sexual misconduct cases before state medical boards

The growing problem of physician sexual misconduct has captured the attention not only of the medical and legal communities, but of the public as well. State medical boards, administrative agencies with generous rules of evidence and varying levels of expertise, face the difficult task of responding...

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Bibliographic Details
Published in:American journal of law & medicine 1992-09, Vol.18 (3), p.171-201
Main Author: Hyams, A L
Format: Article
Language:English
Subjects:
Evidence, Expert
Expert evidence
Expert Testimony - legislation & jurisprudence
Expert Testimony - standards
Government regulation
Humans
Laws, regulations and rules
Liability, Legal
Licensure, Medical - statistics & numerical data
Malpractice - legislation & jurisprudence
Malpractice - statistics & numerical data
Physician and patient
Physician-Patient Relations
Physicians
Physicians - legislation & jurisprudence
Professional Practice - legislation & jurisprudence
Professional Practice - statistics & numerical data
Psychiatrists
Psychiatry
Psychiatry - legislation & jurisprudence
Psychiatry - standards
Rape - legislation & jurisprudence
Rape - statistics & numerical data
Sex crimes
Sexual behavior
Sexual Harassment - legislation & jurisprudence
Sexual Harassment - statistics & numerical data
Surveys and Questionnaires
United States
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Description
Summary:The growing problem of physician sexual misconduct has captured the attention not only of the medical and legal communities, but of the public as well. State medical boards, administrative agencies with generous rules of evidence and varying levels of expertise, face the difficult task of responding to patients' allegations of physician sexual abuse. This Article, based in large part on the author's survey of current state medical board practice, reveals an increasing reliance on expert psychiatric testimony to explain the behavior of complainants and accused physicians. Drawing analogies from the use of psychiatric evidence in child sexual abuse cases, the author examines the factors that boards must consider in determining the admissibility of expert testimony in physician sexual misconduct cases, and calls upon states to establish clear evidentiary rules to govern the use of such testimony in administrative hearings.
ISSN:0098-8588
2375-835X
DOI:10.1017/S0098858800007085