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E J Kermani

Publications and source records attributed to E J Kermani.

12 recordsLinked to original sources

Issues of child custody and our moral values in the era of new medical technology.

A series of ethical, moral, and legal dilemmas are presented along with the related landmark case law. The definition of motherhood and the types of mothers, such as genetic, gestational, and surrogate, have become a confusing matter, not only for a growing child but for lawmakers and mental health professionals as well. Pregnancy through artificial insemination gives certain rights to women who are not married to the father, even when these women have contracted to surrender the baby after birth. The law has recognized that biological mothers have a potential right to custody or at least visitation. Such a right, however, is not established on behalf of a father whose only relationship with a child is through his genetic component unless a strong emotional bond exists, and the mother is not married to and cohabiting with her husband. The author argues that the principle of "the child's best interest" must prevail in all custody disputes, regardless of who the biological parent is.

Child

The U.S. Supreme Court on victimized children: the constitutional rights of the defendant versus the best interests of the child.

In deciding seven recent landmark child abuse cases, the U.S. Supreme Court has addressed and sought to balance the inherent conflict between the constitutional rights of the defendant and the best interests of the child. In four of the cases, the Court found that the interests of the child superseded the rights of the defendant. In three cases, the Court gave more validity to the constitutional rights of the defendant. The author examines the lengthy nature of such legal proceedings and the reasoning forming the basis for the Supreme Court's decisions.

Adolescent

AIDS and confidentiality: legal concept and its application in psychotherapy.

Persons with positive HIV appear to have the same right to confidentiality as other medical psychiatric patients. The ethical and legal duties of practitioners who learn that their HIV positive patients are endangering others is discussed. The essential policies of the CDC, AMA, and APA are reviewed along with the current legal situation. One conclusion reached is that applying the Tarasoff doctrine to warn/protect a third party, if that party may already be infected, is useful only when the third party is moral and sensible enough to cease behavior that would spread the disease to others.

Acquired Immunodeficiency Syndrome

Psychiatry and the death penalty: dilemma for mental health professionals.

The arguments for and against mental health professionals' participation in death penalty proceedings are presented against the background of U.S. Supreme Court decisions which have had a bearing on this issue. It is concluded that the possibility of presenting mitigating psychologic testimony in such proceedings necessitates the possibility of exacerbating psychiatric testimony and that hence, mental health professionals who testify for the prosecution in such cases do not, on a wider view, violate their hippocratic oaths or other ethical codes. A number of safeguards, however, should be instituted with respect to such testimony. Psychiatrists, psychologists or other qualified mental health professionals should (1) testify with medical "possibility" or "probability," (2) not be permitted to address ultimate legal issues and (3) be permitted, in fact encouraged, to present alternative interpretations of forensic psychiatric findings. It is further argued that in addition to being justified in testifying for the prosecution on death penalty cases, mental health professionals may have a moral rationale for treating death row prisoners and restoring them to competency.

Antisocial Personality Disorder

Tarasoff decision: a decade later dilemma still faces psychotherapists.

The landmark cases on the "duty to warn" concept are reviewed. Two trends are noted in the court rulings. The first trend narrowly interprets the duty to warn as applying only to situations involving a serious threat to a specific individual. The second trend has broadened the doctrine to include warnings about patients who do not make threats and whose potential victims are unspecified. The authors argue that the original Tarasoff Doctrine is sound both from the perspective of public policy and psychotherapeutic practice, but that its broader interpretation is problematic for psychotherapists.

Commitment of Persons with Psychiatric Disorders

New psychopathologic findings in AIDS: case report.

A 33-year-old male homosexual AIDS patient was initially admitted to a psychiatric hospital for treatment of a manic episode. Over a 2-month hospitalization, the patient developed progressively severe memory and cognitive impairments which were documented by neuropsychologic testing and were consistent with abnormal EEG and CT scan findings. This case illustrates that major psychiatric symptoms can be profoundly involved early in the natural course of AIDS.

Acquired Immunodeficiency Syndrome