Stephen Raffle, MD, is a clinical psychiatrist and forensic psychiatrist located in Kentfield, CA. He has managed a private outpatient practice in Kentfield, CA, since 1970 and has additional experience as a neuropsychiatrist. Stephen Raffle, MD, has drawn on his extensive psychiatric knowledge to serve as an expert witness on numerous occasions.
In the United States, use of an expert witness during a trial is common. Half of felony prosecutions involve expert witnesses, while up to 80 percent of civil cases make use of expert witness testimony. For some, it can feel like an overwhelming experience to provide “expert” testimony while under oath. There are a few things psychiatrists can keep in mind in order to effectively prepare for their time in an expert witness role. Generally speaking, the overriding purpose of a psychiatrist is to help individuals, namely the jury, understand psychiatric terms and themes and how these facts may have influenced the case at hand. Attorneys frequently ask expert witnesses to perform psychiatric evaluations and to share their opinions on relevant criminal matters, including an individual’s sanity and how it should or should not mitigate penalties for any crimes they are found guilty of. Psychiatrists may also be asked to discuss civil matters such as malpractice or psychological damage an individual may have incurred. While expert witnesses are valued across a variety of industries, the United States Supreme Court has specifically discussed the important part psychiatry has played over the course of criminal proceedings. Psychiatrists may also function as fact witnesses, a role similar to that of an expert witness but one dealing solely in direct observations. Lastly, psychiatrists should remember that while they are working to educate the court on psychiatric issues, they should strive to maintain an objective, transparent presence at all times. Any opinions offered should be clearly rooted in factual data and witnesses should clearly outline both their abilities and limitations as an expert witness before speaking.
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Kentfield, CA psychiatrist Stephen Raffle, MD has delivered expert testimony in numerous cases involving matters in employment law, civil law, and conservatorships. In addition, Dr. Raffle and his associates have conducted mental health evaluations to investigate the presence of psychopathology in individuals complaining of chronic pain conditions.
Fibromyalgia, a chronic pain disorder, may be worsened by psychological factors such as stress. The relationship between fibromyalgia and stress has led to the opinion by some that fibromyalgia is a psychosomatic disorder. While the physiological causes of fibromyalgia remain little understood and no laboratory test exists at this time that provides a definitive diagnosis, recent studies have demonstrated that certain blood tests may improve the ability to diagnose the disorder. A study led by Kevin Hackshaw, MD, an associate professor of rheumatology and immunology at Ohio State’s College of Medicine, analyzed blood samples from patients diagnosed with fibromyalgia and other disorders which have similar symptoms, such as rheumatoid arthritis, osteoarthritis, and lupus.1 Each sample was evaluated using a vibrational spectroscopy technique that can produce a metabolic fingerprint based on the energy levels in a molecule. Findings suggested that the blood of fibromyalgia patients had specific molecular patterns that were clearly distinct from the other disorders. An accurate metabolic test will reduce misdiagnosis and aid in the development of targeted treatments. Dr. Hackshaw and his research team hope to replicate the findings in a larger sample of patients and develop a reliable diagnostic test that can definitively diagnose fibromyalgia within the next five years.2 1 Hacksaw, Kevin V., et al., Metabolic Fingerprinting for Diagnosis of Fibromyalgia and Other Rheumatologic Disorders, published under license by The American Society for Biochemistry and Molecular Biology, Inc. (December 6, 2018) 2 Weyrich, Lydia, Ohio State Researchers Develop Definitive Test for Fibromyalgia, The Lantern (April 4, 2019): https://www.thelantern.com/2019/04/ohio-state-researchers-develop-definitive-test-for-fibromyalgia/ Stephen Raffle, MD, is a Board certified forensic and clinical psychiatrist based in Kentfield, CA. In his practice, Stephen Raffle, MD, has been involved in many civil cases where the issue at hand was a testator’s testamentary capacity.
Testamentary capacity involves an individual’s mental competency to execute a legal document; wills, trusts, contracts and divorce, marriage and plea agreements are several such circumstances where “capacity” may be an issue. Contracts are legally binding documents between two or more people for the performance of certain services. A breach of contract brings forth legal consequences. A “contract of trust” is similar in that a trustor transfers property to a trustee for the benefit of beneficiaries. There is the legitimate expectation that the trustee will manage the property in good faith for the beneficiary. Therefore, trustors and trustees need to understand not only the complex nature of their obligations in a trust relationship but also the legal consequences. Neither of these is implied in executing a will. Because a will contains the individual’s last wish as to how his or her property will be distributed among beneficiaries after death, it is a requirement that s/he has the testamentary capacity to execute such a legal document. A will is not a contract for the performance of services. It simply distributes a testator’s property upon death. There is no duty of performance owed to another, hence no risk of an adversarial relationship. Therefore, testamentary capacity for executing a will has a lower threshold than the mental competency required to competently execute a contract, such as a trust. An experienced psychiatrist, Dr. Stephen Raffle holds a Bachelor of Arts degree in physiology from the University of California - Berkeley and an MD from the Chicago Medical School. Dr. Stephen Raffle operates a private practice in Kentfield, CA, where he provides forensic medical opinions on civil and criminal legal cases by report and testimony. Dr. Raffle is a member of several professional organizations that include the American Medical Association (AMA), American Academy of Psychiatry and the Law (AAPL), and American Psychiatric Association (APA). The APA serves as the voice of modern psychiatry and advocates for humane care and effective treatment for those suffering from mental illnesses. Currently, the APA includes nearly 38,000 members who benefit from a range of professional services. The organization's annual event, which is next scheduled for May 18-22 in San Francisco, features in-depth training workshops, an inpatient zone focused on clinical technology, and an exhibition hall, as well as a networking platform for psychiatry professionals from over fifty countries to connect. For additional information on the 2019 APA Annual Meeting, visit www.psychiatry.org. |
AuthorExperienced Kentfield, CA, Psychiatrist Stephen Raffle, MD. Archives
June 2019
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