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Psychiatry & Psychology Expert Witnesses

Mark I. Levy MD, DFAPA - Forensic Psychiatric Associates Medical Corp.

Mark I. Levy MD, DFAPA - Forensic Psychiatric Associates Medical Corp.

655 Redwood Highway
Suite 271

Mill Valley, California 94941

Phone(415) 388-8040
Fax (415) 388-1225

Website www.fpamed.com
E-mail  Send an email

Expert WitnessForensic ExpertSpeaker
Mark I. Levy M.D., D.L.F.A.P.A., a Distinguished Life Fellow of the American Psychiatric Association, is a graduate of Columbia College and Columbia University's College of Physicians and Surgeons. He has been practicing Forensic Psychiatry, Clinical Psychiatry and Psychoanalysis for more than 35 years. He is a Diplomate of the American Board of Psychiatry and Neurology in Psychiatry (1981)and in Forensic Psychiatry (1999, recertified 2009) and has consulted in more than 400 legal cases and testified at deposition more than 350 times and in State and Federal Court on 46 occasions.

Services

At Forensic Psychiatric Associates Medical Corporation (“FPAMed”), our forensic psychiatrists can be retained as a consultant or expert witness when mental health concerns intersect with legal matters. Areas we cover include:

• Mass Torts/Multi-Plaintiff Litigation
• Child Custody
• Fitness for Duty
• Dangerousness Risk Assessment and Personal Injury including Assessment of Emotional Trauma.
• Assessment of Populations in Multi-Plaintiff Litigation (Mass Torts)
• Claims of Posttraumatic Stress Disorder Resulting from Natural of Man-Made Catastrophes
• Emotional Distress Resulting from Employment Disputes
• Claims of Employment Wrongful Termination, Retaliation
• Claims of Sexual, Gender, Ethnic, Racial, Age-based Discrimination/Harassment
• Claims of Abuse—Sexual, Spousal, Child, Elder, Racial, Ethnic
• Child Custody Evaluations
• Child Sexual Abuse Evaluations
• Child Trauma Evaluations
• Child Traumatic Brain Injury Evaluations
• Psychological Testing
• Neuropsychological and Pediatric Neuropsychological Testing
• Claims of Excessive Use of Force by Police
• Claims of Psychiatric/Psychological or Psychotherapeutic Malpractice
• Claims of Boundary Violations
• Claims of Wrongful Death from Suicide or Harmful Prescribing of Psychiatric Medication
• Psychopharmacology
• Issues of Substance Abuse/Addiction
• Assessment of Testamentary Capacity/Undue Influence
• Contractual Capacity
• Testimonial Capacity
• Close Head Injury/Traumatic Brain Injury
• Issues Involving Inpatient Psychiatric Care, Psychiatric Inpatient Policies & Procedures
• Assessment of Criminal Capacity to Testify, Enter a Plea, Cooperate with Defense
• Assessment of Criminal Insanity

- Forensic Psychology

Our psychologists apply their expertise in a number of legal matters in both criminal and civil law.

Criminal law issues frequently addressed include:

• Sanity
• Criminal Responsibility or Mens Rea (guilty mind)
• Trial Competency
• Waiver of Miranda rights
• Death penalty mitigation
• Battered Woman Syndrome
• Domestic Violence
• Drug Dependence
•Sexual disorders

Civil law issues frequently addressed include:

• Personal Injury including psychological injuries and brain injuries
• Child custody
• Employment discrimination
• Sexual harassment
• Mental disability
• Product liability
• Professional malpractice
• Civil commitment
• Guardianship
• Workers Compensation
• Psychological Autopsies


Litigation Support Services

For more than forty years, Dr. Levy has been practicing Forensic and Clinical Psychiatry (and Psychoanalysis) full-time in Mill Valley, California. He has consulted, provided independent medical (psychiatric) evaluations (IME's) and provided expert forensic psychiatric opinion and testimony nationally, for both plaintiff and defense attorneys in civil litigation, as well as for major insurance carriers, government agencies in more than 450 cases, been deposed more than 350 times and testified at trial in State and Federal Courts on 45 occasions.

Areas of Expertise

Additional Expertise:

Mass-Torts, Multi-Plaintiff, Undue Influence, Child & Adolescent Forensic Psychiatry.

Profile

Dr. Levy is the Medical Director of Forensic Psychiatric Associates Medical Corporation (fpamed.com) which includes 3 other board certified Forensic Psychiatrists and 2 Forensic Neuropsychologists. He is a graduate of Columbia College (A.B. 1967) and the Columbia University College of Physicians and Surgeons (M.D. 1971) in New York. He is a Physician and Surgeon licensed since 1972 by the State of California, the State of Hawaii since 2004 and the State of North Carolina since 2014. He is certified in Psychiatry (1981) and Forensic Psychiatry (1999, 2009) by the American Board of Psychiatry and Neurology ("ABPN"). In the past he has served as a Qualified Medical Examiner ("QME") for the State of California (active status 1993-96, currently "inactive").

He is also a Psychoanalyst and a graduate of the San Francisco Psychoanalytic Institute. He is Assistant Clinical Professor, Psychiatry, School of Medicine, University of California, San Francisco where he teaches in the Law and Psychiatry Fellowship. He is also on the Faculty of the San Francisco Psychoanalytic Institute and is the Founder and former Chairman and President of the San Francisco Foundation for Psychoanalysis, a community service outreach organization. His is on the faculty of the China American Psychoanalytic Alliance and is Clinical Supervisor within the China Psychological Association.

He is a Distinguished Fellow of the American Psychiatric Association and a member of numerous local, national and international medical organizations including The American Academy for Psychiatry and the Law. He has lectured on a wide range of forensic topics including Post Traumatic Stress Disorder, the role in personal injury litigation of pre-existing Personality Disorders, patient confidentiality, "Eggshell" Plaintiffs, stress management for attorneys and other topics and much more at state and local bar associations and in various other Continuing Legal Education programs for attorneys. He has written and lectured to legal as well as medical audiences and is a frequent media expert and commentator on psychiatric, forensic and mental health issues.

Dr. Levy has been in the full time private practice of psychiatry and psychoanalysis since 1975 and the practice of forensic psychiatry since the mid -1980's. He currently devotes approximately half of his practice time to the subspecialty of Forensic Psychiatry and Medical-Legal Consultation. He has been retained as a psychiatric medical expert in more than 450 legal cases, have been deposed more than 350 times and have been qualified as an expert by the State of California Superior Court and the Ninth Circuit Federal District Court testifying at trial on 45 occasions.

In January 2006 Dr. Levy established Forensic Psychiatric Associates Medical Corporation (fpamed.com) of which he is the medical director. Joining Dr. Levy are 4 other forensic psychiatrists (all Board certified in forensic psychiatry by the ABPN and all faculty members at UCSF, School of Medicine) together with two highly trained and experienced Forensic Neuropsychologists. The other experts at fpamed are:
David Y. Kan, MD
Anlee Kuo, JD, MD
Charles Saldanha MD
Sarah Hall PhD
Ronald Roberts PhD

Each expert has additional areas of expertise beyond forensic psychiatry and psychology including, but not limited to, Mass Tort and Multi-Plaintiff Litigation, Child and Adolescent Psychiatry, Pediatric Neuropsychology, PTSD, Substance Abuse and Addiction, Traumatic Brain Injury, Psychiatric Hospital Administration, Will Contests, Employment Law and Cultural Psychiatry.

Consulting Practice

All States

More Information

Forensic Psychiatry, Expert Witness
Forensic Psychology, Expert Witness
Mass Tort and Multi-Plaintiff Litigation Case Studies
About Forensic Psychiatric Associates Medical Corp., Forensic Services
About Mark I. Levy, Litigation Support
Contact Forensic Psychiatric Associates Medical Corp. - Expert Witness

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Professional Experience

Full-time private office practice of forensic, adult and adolescent psychiatry as well as psychoanalysis, Mill Valley, CA. since 1975; Psychiatric Disability Consultant, State of California Department of Vocational Rehabilitation 1975-90; Psychiatric Disability Consultant, U.S. Social Security Administration, Department of Social Services, Disability Evaluation Division, Sacramento, CA. 1975-present; Independent Psychiatric Disability Consultant providing Independent Medical (Psychiatric) Examinations ("IME's") on behalf of individual claimants and insurance companies since 1980.

In 2006 he established a forensic psychiatric and psychological group medical practice, Forensic Psychiatric Associates Medical Corporation (www.fpamed.com), consisting of 4 board certified forensic psychiatrists and 2 forensic neuropsychologists (see above), including various subspecialties of forensic psychiatry and psychology such as Mass Tort and Multi-Plaintiff litigation, forensic child & adolescent psychiatry, substance abuse, psychiatric inpatient administration and standard of care and pediatric neuropsychology. Dr. Levy serves as Medical Director of fpamed.


Licenses

MD - California (since 1972) ,Hawaii (since 2004) and North Carolina (inactive). In addition to being Board Certified in Psychiatry (1981) with Added Qualifications in Forensic Psychiatry (1999, 2009) by the American Board of Psychiatry and Neurology, Dr. Levy was certified as a Qualified Medical Examiner ("QME") for the State of California in until 1996 when he chose to become "inactive".


Legal Experience & Services

Forensic Psychiatric Expert since late 1980's, providing Independent Medical Examinations (IME's), consultation and testimony in civil matters.

Summary of Testifying Statistics:

. More than more than 450 medical-legal cases
. Deposed more than 350 times
. Testified in Federal Court and State Court trials on 45 occasions.

Ratio Plaintiff: Defense Expert, Civil Litigation, approximately 33%:67%

Consultants on capacity, sentencing and mitigation issues in criminal matters including death penalty cases.

Forensic Psychiatric Expert, testifying about traumatic and non-traumatic psychological injuries.


Affiliations

Teaching:
Asst. Clinical Professor in the Dept of Psychiatry, School of Medicine, U.C.S.F. - Law & Psychiatry Fellowship program. Faculty @ San Francisco Center for Psychoanalysis. Founder, former Chairman & President of the San Francisco Foundation for Psychoanalysis, former officer/board member San Francisco Psychoanalytic Institute and Society. Faculty - China American Psychoanalytic Alliance. Clinical Supervisor, China Psychological Association. Member: Am Acad Psychiatry & the Law, Am Psychiatric Assoc, Northern CA Psychiatric Soc, San Francisco Center for Psychoanalysis.


Qualifications

Practice of adult, adolescent, general & forensic psychiatry & psychoanalysis, Mill Valley, CA, 1975-present. Medical Director, Forensic Psychiatric Associates Medical Corporation (www.fpamed.com). Medical Lic CA, HI and NC. ABPN Board Certified in Psychiatry and Forensic Psychiatry. Former Chairman and President of the San Francisco Foundation for Psychoanalysis. Psychiatric Disability Consultant, U.S. Social Security Administration, Department of Social Services, Disability Evaluation Division, Sacramento, CA. 1975-present. Psychiatric Disability Consultant to lawyers, individual claimants, insurance companies and employers (since 1980). Asst. Clinical Prof, Department of Psychiatry, Law & Psychiatry Fellowship, School of Medicine, University of California, San Francisco; Faculty, San Francisco Center for Psychoanalysis (formerly San Francisco Psychoanalytic Institute & Society); Hastings College of Law, former faculty, College of Trial Advocacy; China American Psychoanalytic Alliance.


Awards & Honors

Distinguished Life Fellow of the American Psychiatric Association


Seminars & Training

List of presentations available upon request.


Publications

1. "Stressing the Point: When Are Post Traumatic Stress Claims Legitimate...and When are they Not?" For the Defense, 11/95
2. "Opting Out of Managed Care," Psychiatric Times, 9/95
3. "Managed Care and Mental Health," Op. Ed., San Francisco Examiner, 9/20/95.
4. "Depression as a Possible Adverse Effect of Melatonin," Currents, 2/96
5. "Comment: Criticism and Legal Analysis – Mental Health Confidential," - "Patient Confidentiality After Jaffee v. Redmond U.S. Supreme Court Decision," The Recorder, 9/24/96.
6. "Shrink in the Courtroom: Forensic Psychiatry and Law," San Francisco Attorney Magazine December 2000 - January 2001 Bar Association of San Francisco.
7. "Mental Illness in the Workplace," San Francisco Attorney Magazine 9/01, the Bar Association of San Francisco
8. "Deposing Mental Health Experts on Post-Traumatic Stress Disorder (PTSD)," Chapter 716, Lawyers' Guide to Medical Proof, Volume 4 edited by Marshall Houts, J.D., LexisNexis Mathew Bender, 2002
9. "Moms Who Kill: When Depression Turns Deadly" Psychology Today, 12/02 issue - reprinted with permission
10. The “Eggshell Plaintiff” Revisited: Causation of Mental Damages in Civil Litigation" by Mark I. Levy, MD, FAPA and Saul E. Rosenberg, PhD, 4/03 issue of ABA Commission on Mental and Physical Disability Law Reporter
11.Unwarranted Restrictions on the independent Examination of Emotional Damages, by Saul Rosenberg PhD and Mark Levy MD, FAPA, Defense Comment – ADC, Vol. 10, No. 1, Spring 2004
12. "Post Partum Depression, Psychosis and Infanticide," The Encyclopedia of Domestic Violence, Routledge, 2006
13. "Assessing Emotional Damages: The Team Approach," For the Defense, 12/10 http://www.fpamed.com/wp-content/uploads/2011/04/ftd-assessing-emotional-damages-larinlevy.pdf
14. "The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation," Bloomberg BNA Insights, 12/13, http://www.fpamed.com/wp-content/uploads/2015/03/bbna-expert-evidence-dec9.pdf


Professional References

Tracey Kennedy, Sheppard, Mullin, Los Angeles, CA
J. Tyrell Taber, Aiken, Schenk, Hawkins, Ricciardi, Phoenix, AZ
Thomas A. Moore, Brownstone Law Group, Vista, CA
Ryan Ortuno, Sedgwick LLP, Los Angeles, CA
Charlton Pearse, Lenahan, Lee, Slater, Pearse, Sacramento, CA
Michael Bassi, San Francisco, CA.
Mary Cain-Simon, Deputy Attorney General, State of California, Sacramento, CA.
Michael Osborne, Archer, Norris, Walnut Creek, CA
Jack Friedman, Carroll Burdick and McDonnough, Walnut Creek, CA
Abraham Simmons, Assistant United States Attorney, Office of United States Attorney, Northern District of California, San Francisco, CA.
Joseph Hoffman, Esq., Weinberg, Hoffman, Casey, Ropers, Larkspur, CA.
Michael Larin, Lynberg & Watkins, Los Angeles, CA
Richard Gerry, Aiken Schenk, Phoenix, AZ
Saul Cohen (formerly of Proskauer, Rose), New York, NY.
Michael Livingston, Esq., Davis, Levin, Livingston & Grande, Honolulu, Hawaii
Patricia Schmiege, Esq.,
Dean Yuzek, Law Offices of Ingram, Yuzek, Gainen, Carrol & Bertolotti, New York, NY
James Yukevich, Yukevich, Calfo and Cavanaugh, Los Angeles, CA
Patricia Schmeige, O'Melveny & Myers, San Francisco, CA
Bruce Imai, Esq., & Terry Tadlock, Esq., Imai, Tadlock, Keeney & Cordery, San Francisco, CA.
Michael Fox, Sedgwick, San Francisco, CA
Michael Grajski, Seyfarth Shaw, Sacramento, CA
(Complete list available upon request)


Education

A.B. 1967 Columbia College, Columbia University, New York, NY;
M.D. 1971 College of Physicians and Surgeons, Columbia University;
Internship 1971-72 Mount Zion Hospital and Medical Center, San Francisco, CA. (currently UCSF);
Psychiatric Residency 1972-75 Mount Zion Hospital and Medical Center (Currently UCSF);
Psychoanalytic Training 1973-84 San Francisco Psychoanalytic Institute;
Forensic Psychiatric Review Course American Academy of Psychiatry and Law, October 1998, 2004, 2008; Forensic Psychiatric Review Course The Osler Institute, March 1999.


Articles Published by Mark I. Levy MD, DFAPA - Forensic Psychiatric Associates Medical Corp.

 Mission, Methodology & Ethical Duty of Independent Forensic Psychiatric Experts Contrast with Treating Doctors

The mission of the forensic psychiatric expert is not the alleviation of suffering but rather the determination, as accurately as possible, of what is objectively true, assuming a professionally skeptical point of view and seeking firm evidence to support any conclusions while always considering alternative hypotheses.

Read Article

 Treating Clinician v. Independent Forensic Psychiatric Expert: Wearing Two Hats?

The opinions of a forensic psychiatrist must be firmly grounded in thorough clinical training combined with substantial experience. Nevertheless, the roles of psychiatric clinicians and forensic psychiatric experts are widely disparate.

Read Article

 The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation

Catastrophic events will not cause the same emotional response or injury to occur among all persons who experience the same or similar events. Forensic psychiatric examinations including psychological testing early in the process can help validate or disprove plaintiffs’ claims.

Read Article

 Assessing Emotional Damages in Multi-Plaintiff Litigation

FPAMED's approach to assessing a population for emotional damages in mass tort litigation.

Read Article




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