Overview
Risk is not a verdict. The outcome does not answer the questions that came before it.
Behavioral health cases arrive with the heaviest possible ending: a suicide, an overdose, an elopement, an assault, a death in custody. Once that ending is known, every earlier statement can be made to look like a warning and every decision can be made to look like a mistake. The questions that decide these cases are narrower and harder. What information was reasonably available? What risk could be formulated from it? What response was clinically indicated, lawful, and feasible? Was that response carried out? And would a supported alternative probably have changed the course?
Clinical Intelligence in Behavioral Health Litigation gives attorneys a disciplined method for answering those questions without hindsight. Michelle Carroll, Founder and Chief Clinical Strategist of Lexcura Summit, applies the seven pillars of the Lexcura Clinical Intelligence Model to psychiatric, emergency, inpatient, residential, outpatient, and correctional care: Record Integrity, Baseline Profiling, Imaging Analysis, Timeline Reconstruction, Standard of Care Review, Regulatory and Compliance Overlay, and Causation Mapping. Applied in order, the pillars produce a litigation-ready analysis that shows what the record supports, what remains disputed, and where expert opinion is required.
The book is written for plaintiff and defense counsel alike. Every tool it offers can support a claim, narrow it, or defeat it.
Inside, readers will find:
- The legal framework of behavioral health negligence, including duty, special relationships, suicide as an intervening act, comparative fault, and pre-suit requirements
- How to obtain the complete record, including psychotherapy notes, 42 C.F.R. Part 2 substance use disorder records, audit trails, observation data, and video
- Suicide risk assessment and formulation, and the proper use of the C-SSRS, ASQ, PHQ-9, SAFE-T, and safety planning tools
- Observation, environmental risk, restraint and seclusion under 42 C.F.R. 482.13, and emergency medication
- Psychopharmacology risks, including lithium toxicity, clozapine monitoring, neuroleptic malignant syndrome, and serotonin syndrome
- Alcohol and opioid withdrawal, buprenorphine continuity, and overdose risk after discharge
- Capacity, consent, refusal, emergency detention, and involuntary commitment
- EMTALA duties for psychiatric emergencies, emergency department boarding, and transfer
- Elopement, family communication, confidentiality, and the duty to protect after Tarasoff
- Discharge planning, continuity of care, crisis services, 988, and telebehavioral health
- Children and adolescents, older adults and dementia, perinatal mental health, eating disorders, and developmental disabilities
- Correctional mental health, deliberate indifference, and Monell liability
- Institutional responsibility, foreseeability, and causation, including loss of chance
- Discovery, depositions, spoliation, expert admissibility under Rule 702, and damages
Seventeen detailed case examples, each traced through all seven pillars, show how the method changes the records requested, the chronology, the choice of experts, and the limits of the final opinion. Sixty figures and timelines make the reasoning visible. Working appendices provide an intake framework, a records and data request matrix, a decision point worksheet, deposition outlines for each key witness, expert instruction sets, a quality control checklist, a glossary, and a table of authorities.
For plaintiff and defense attorneys, legal nurse consultants, risk managers, expert witnesses, and Clinical Intelligence analysts who need to understand what a behavioral health record can and cannot establish.
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Details
- ISBN-13: 9798952094642
- ISBN-10: 9798952094642
- Publisher: Lexcura Summit
- Publish Date: August 2026
- Dimensions: 9 x 6 x 1.08 inches
- Shipping Weight: 1.56 pounds
- Page Count: 534
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