19.10 Forensic Examinations and Testimony

• Jurisdiction: Arizona

19.10 Forensic Examinations and Testimony. Mental health providers are frequently involved in litigation as a result of examinations that were taken to assist the parties or court, and direct testimony as a fact or expert witness. Not infrequently, unsuccessful litigants sue the mental health provider for malpractice.⁵¹

Tort litigation arising out of a forensic examination or testimony usually requires a duty analysis. The person who was the focus of the mental health provider’s services may not be the client. For instance, a psychologist employed by law enforcement who resolves hostage situations does not establish a psychologist-client relationship with the...