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Psychiatry in the Courts: APA Confronts Legal Issu ...
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The session focused on the Committee on Judicial Action (CJA) of the American Psychiatric Association (APA), with discussions led by Reena Kapoor, Maya Prabhu, and Margarita Abizadeau. The CJA is a subcommittee that advises the APA's Board of Trustees on appellate cases relevant to psychiatry. It evolved in 1974 to systematize APA’s involvement in legal cases. The Committee decides APA’s participation as amicus curiae in cases based on several considerations, such as the level of the court, previous handling of similar issues, and the implications of joining the case. Three primary cases were discussed: 1. <strong>Himes v. Somatics</strong>: This case in California involved a tort lawsuit against an ECT manufacturer. The plaintiffs alleged harm due to ECT, claiming inadequate warnings were provided. The CJA decided to file an amicus brief to provide balanced, evidence-based information about ECT's risks and benefits, aiming to correct any misrepresentations and maintain the integrity of psychiatric practice. 2. <strong>Gender-Affirming Care Cases</strong>: Various states have enacted or are considering legislation banning gender-affirming care for youths, sparking legal challenges. The APA joined amicus briefs to highlight the importance of such care, aligned with scientific evidence, and the challenges posed by discriminatory laws. The overarching theme was the clinical decision-making, rather than legislative, regarding these sensitive issues. 3. <strong>DiNardo v. Kohler</strong>: After multiple murders, the alleged perpetrator’s mother sued the psychiatrist for medical malpractice, claiming negligence contributed to the crimes. The APA filed an amicus brief supporting the psychiatrist, emphasizing the broader implication that allowing such suits could worsen psychiatric care access for high-risk individuals. The session underscored the CJA's role in advocating for psychiatry’s interests in the legal landscape, ensuring medical professionals make practice-driven decisions rather than legislators imposing limits.
Keywords
Committee on Judicial Action
American Psychiatric Association
Reena Kapoor
Maya Prabhu
Margarita Abizadeau
amicus curiae
Himes v. Somatics
gender-affirming care
DiNardo v. Kohler
psychiatry
legal cases
medical malpractice
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