Harold J. Bursztajn, MD -[Curriculum Vitae]- has over twenty-five years of service as a distinguished patient care-focused clinician and as senior clinical faculty at Harvard Medical School. Among his many distinctions at Harvard Medical School is being recognized as a practicing "doctor's doctor" by being named Principal Mentor at Harvard Medical School and being awarded the A. Clifford Barger Excellence in Mentoring Award as well as being the first physician/forensic psychiatrist in Harvard Medical School's history to be appointed as the representative of the Harvard Medical School Alumni Board of Directors to the Harvard University Alumni Board. He continues to be active in patient care, forensic consultation, and judicial education. Among the many clinical honors bestowed by Dr. Bursztajn's patients and colleagues nationwide is his being recently named to the "Best Doctors in America" list. He is co-Founder of the Program in Psychiatry and the Law at the Beth Israel Deaconess Medical Center Department of Psychiatry of Harvard Medical School and Associate Clinical Professor of Psychiatry at Harvard Medical School. Author of the highly acclaimed book, Medical Choices, Medical Chances this classic has been reviewed favorably in leading medical journals ranging from the New England Journal of Medicine and the Journal of the American Medical Association to the American Journal of Psychiatry. Among his other leading contributions to medical and mental health education are three books Divided Staffs, Divided Selves, a Case Approach to Mental Health Ethics, Decision Making in Psychiatry and the Law and Psychiatric Ethics and the Rights of Persons with Mental Disabilities in Institutions and the Community, as well as numerous articles in medicine, psychiatry, forensic neuropsychiatry and clinical ethics. Dr. Bursztajn consults clinically and forensically, provides second opinions in patient care, teaches medical students and conducts continuing medical education courses for professionals; and advises institutions, the courts, and public health-oriented media on forensic psychiatry and clinical ethics-related issues. He serves as a peer reviewer expert for leading medical and psychiatric journals, non-profit medical and ethics review organizations, health care and human services corporations and the judiciary. His numerous awards and honors in the course of twenty-five years of service as a Harvard Medical School clinical faculty member range from the Solomon Faculty Research Prize to his being named as one of only fifty Principal Clinical Mentors for Harvard Medical School entering class. In addition to his twenty-five-year commitment to patient care, Dr. Bursztajn consults nationally and internationally to individuals and institutions, plaintiff and defense attorneys, and the courts as a distinguished forensic psychiatric expert. Among his areas of expertise are treating vulnerable patients, improving medical and mental health decision making, informed consent and malpractice and product liability risk reduction, and standards for the forensic evaluation of employment-related claims, diminished capacity, psychiatric autopsies, and violence prevention. Dr. Bursztajn is active in public education and promoting intergenerational learning and inquiry. Contributions to public education include his work as a guest analyst on news programs including CNN Headline News, Boston's WCVB News Show Chronicle and public education programs such as those presented by ABC's Discovery Channel including "Who Killed Julius Caesar?, " "Who Killed Tutankhamun?," "Who Killed Alexander the Great?," "The Mysterious Death of Cleopatra," and "Columbus: Secrets From The Grave." His work in public education with teams of experts from a variety of scientific and humanities backgrounds has been recognized both academically in Harvard Magazine and publicly in The Sunday London Times. Dr. Bursztajn teaches and consults nationally to psychiatrists and other mental health professionals, as well as to physicians across the primary and specialty medical care spectrum. He serves as faculty for the Harvard Medical School Psychiatric Intensive Diagnostic Interviewing Preparatory Course for the Board of Psychiatry & Neurology certification examinations. He continues to publish and present workshops nationally and internationally on a variety of special interest topics in medicine and in general and forensic neuropsychiatry. There are a variety of areas of human suffering which, insofar as they evoke painful or frightening feelings, can become all too sadly unspeakable. Among Dr. Bursztajn's special interests are the long term consequences of massive psychic trauma. Over the years he has explored this topic in workshops for health care providers both nationally and internationally. He also continues to consult and teach to a variety of health-care professionals, ranging from members of hospice ethics committees to surgical grand rounds attendees regarding the foundations of current clinical and organizational ethics standards for patient care. Dr. Bursztajn's motivation for becoming a doctor and for continuing to practice clinically and to teach nationally can be found in the following article: "The Shoah and its Aftermath," which presents the testimony of Dr. Bursztajn father, a Holocaust survivor.
Associate Professor of Psychiatry, Part-time
Captive patients, captive doctors: clinical dilemmas and interventions in caring for patients in managed health care. Gen Hosp Psychiatry. 1999 Jul-Aug; 21(4):239-48.
Captive patients, captive doctors: clinical dilemmas and interventions in caring for patients in managed health care.
Schrecker T, Acosta L, Somerville MA, Bursztajn HJ
The ethics of social risk reduction in the era of the biological brain. Soc Sci Med. 2001 Jun; 52(11):1677-87.
The ethics of social risk reduction in the era of the biological brain.
The Bulletin of the American Academy of Psychiatry and the Law
The multidimensional assessment of dangerousness: competence assessment in patient care and liability prevention. Bull Am Acad Psychiatry Law. 1986; 14(2):123-9.
The multidimensional assessment of dangerousness: competence assessment in patient care and liability prevention.
New directions for mental health services
One axiom and eight corollaries for managing legal issues in an inpatient psychiatric setting. New Dir Ment Health Serv. 1994; (63):95-107.
One axiom and eight corollaries for managing legal issues in an inpatient psychiatric setting.
Authenticity and autonomy in the managed-care era: forensic psychiatric perspectives. J Clin Ethics. 1994; 5(3):237-42.
Authenticity and autonomy in the managed-care era: forensic psychiatric perspectives.
Recovered memories. Psychiatr Serv. 1998 May; 49(5):699-700.
The journal of the American Academy of Psychiatry and the Law
Commentary: inadequacy of the categorical approach of the DSM for diagnosing female inmates with borderline personality disorder and/or PTSD. J Am Acad Psychiatry Law. 2009; 37(3):306-9.
Commentary: inadequacy of the categorical approach of the DSM for diagnosing female inmates with borderline personality disorder and/or PTSD.
Preserve Enduring Personality Changes After Catastrophic Events (EPCACE) as a diagnostic resource. Lancet Psychiatry. 2018 05; 5(5):e9.
Preserve Enduring Personality Changes After Catastrophic Events (EPCACE) as a diagnostic resource.
Unexpected clinical features of the Tarasoff decision: the therapeutic alliance and the "duty to warn". Am J Psychiatry. 1983 May; 140(5):601-3.
Unexpected clinical features of the Tarasoff decision: the therapeutic alliance and the "duty to warn".
Medical decision making : an international journal of the Society for Medical Decision Making
The clinical utility of utility assessment. Med Decis Making. 1982; 2(2):161-5.
The clinical utility of utility assessment.
Hamm RM, Reiss DM, Paul RK, Bursztajn HJ
International journal of law and psychiatry
Knocking at the wrong door: insured workers' inadequate psychiatric care and workers' compensation claims. Int J Law Psychiatry. 2007 Jul-Oct; 30(4-5):416-26.
Knocking at the wrong door: insured workers' inadequate psychiatric care and workers' compensation claims.
Haque OS, De Freitas J, Viani I, Niederschulte B, Bursztajn HJ
Why did so many German doctors join the Nazi Party early? Int J Law Psychiatry. 2012 Sep-Dec; 35(5-6):473-9.
Why did so many German doctors join the Nazi Party early?
Pride and prejudice: avoiding genetic gossip in the age of genetic testing. J Clin Ethics. 2007; 18(2):156-61.
Pride and prejudice: avoiding genetic gossip in the age of genetic testing.
Clinical trials and effectiveness research. Am J Psychiatry. 2000 Jan; 157(1):152-3.
Clinical trials and effectiveness research.
Melatonin therapy: from benzodiazepine-dependent insomnia to authenticity and autonomy. Arch Intern Med. 1999 Nov 08; 159(20):2393-5.
Melatonin therapy: from benzodiazepine-dependent insomnia to authenticity and autonomy.
Bursztajn H, Chanowitz B, Kaplan E, Gutheil TG, Hamm RM, Alexander V
Medical and judicial perceptions of the risks associated with use of antipsychotic medication. Bull Am Acad Psychiatry Law. 1991; 19(3):271-5.
Medical and judicial perceptions of the risks associated with use of antipsychotic medication.
Avoiding ipse dixit mislabeling: post-Daubert approaches to expert clinical opinions. J Am Acad Psychiatry Law. 2003; 31(2):205-10.
Avoiding ipse dixit mislabeling: post-Daubert approaches to expert clinical opinions.
Bursztajn H, Gutheil TG, Hamm RM, Brodsky A, Mills MJ
Parens patriae considerations in the commitment process. Psychiatr Q. 1988; 59(3):165-81.
Parens patriae considerations in the commitment process.
De Freitas J, Haque OS, Gopal AA, Bursztajn HJ
Response: Clinical wisdom and evidence-based medicine are complementary. J Clin Ethics. 2012; 23(1):28-36.
Response: Clinical wisdom and evidence-based medicine are complementary.
Facilitating patient acceptance of a psychiatric referral. Arch Intern Med. 1985 Jan; 145(1):73-5.
Facilitating patient acceptance of a psychiatric referral.
The Psychiatric clinics of North America
The rebirth of forensic psychiatry in light of recent historical trends in criminal responsibility. Psychiatr Clin North Am. 1994 Sep; 17(3):611-35.
The rebirth of forensic psychiatry in light of recent historical trends in criminal responsibility.
Sexual harassment. Am J Psychiatry. 1995 Mar; 152(3):478; author reply 479.
World War II: Its effects after 50 years. Am J Psychiatry. 1996 Apr; 153(4):584-5.
World War II: Its effects after 50 years.
Gutheil TG, Bursztajn H, Hamm RM, Brodsky A
Subjective data and suicide assessment in the light of recent legal developments. Part I: Malpractice prevention and the use of subjective data. Int J Law Psychiatry. 1983; 6(3-4):317-29.
Subjective data and suicide assessment in the light of recent legal developments. Part I: Malpractice prevention and the use of subjective data.
Developing unbiased diagnostic and treatment guidelines in psychiatry. N Engl J Med. 2009 May 07; 360(19):2035-6.
Developing unbiased diagnostic and treatment guidelines in psychiatry.
Ways of dealing with a malpractice hazard. Am J Psychiatry. 1988 Nov; 145(11):1492-3.
Ways of dealing with a malpractice hazard.
Malpractice prevention through the sharing of uncertainty. Informed consent and the therapeutic alliance. N Engl J Med. 1984 Jul 05; 311(1):49-51.
Malpractice prevention through the sharing of uncertainty. Informed consent and the therapeutic alliance.
From PSDA to PTSD: the Patient Self-Determination Act and post-traumatic stress disorder. J Clin Ethics. 1993; 4(1):71-4.
From PSDA to PTSD: the Patient Self-Determination Act and post-traumatic stress disorder.
Journal of evaluation in clinical practice
Strengthening conflict-of-interest policies in medicine. J Eval Clin Pract. 2010 Feb; 16(1):21-4.
Strengthening conflict-of-interest policies in medicine.
Protecting patients from clinician-patient sexual contact. Am J Psychiatry. 1992 Sep; 149(9):1276.
Protecting patients from clinician-patient sexual contact.
Christian Science and competence to make treatment choices: clinical challenges in assessing values. Int J Law Psychiatry. 1987; 10(4):395-401.
Christian Science and competence to make treatment choices: clinical challenges in assessing values.
Bursztajn H, Gutheil TG, Hamm RM, Brodsky A
Subjective data and suicide assessment in the light of recent legal developments. Part II: Clinical uses of legal standards in the interpretation of subjective data. Int J Law Psychiatry. 1983; 6(3-4):331-50.
Subjective data and suicide assessment in the light of recent legal developments. Part II: Clinical uses of legal standards in the interpretation of subjective data.
Clear, convincing, and authentic advance directives in the context of managed care? J Clin Ethics. 1994; 5(4):364-6.
Clear, convincing, and authentic advance directives in the context of managed care?
Protecting patient care and public safety in the managed-care era. Gen Hosp Psychiatry. 2002 Jan-Feb; 24(1):1-3.
Protecting patient care and public safety in the managed-care era.
The role of a training protocol in formulating patient instructions as to terminal care choices. J Med Educ. 1977 Apr; 52(4):347-8.
The role of a training protocol in formulating patient instructions as to terminal care choices.
McNeil Family Professor of Health Care Policy
Cosgrove L, Mintzes B, Bursztajn HJ, Shaughnessy AF
Long-acting antipsychotics: is what we know really so? Lancet Psychiatry. 2021 08; 8(8):651.
Long-acting antipsychotics: is what we know really so?
Who Cares What the Doctor Feels: The Responsibility of Health Politics for Burnout in the Pandemic. Healthcare (Basel). 2021 Nov 15; 9(11).
Who Cares What the Doctor Feels: The Responsibility of Health Politics for Burnout in the Pandemic.
Tang H, Tanaka G, Unterman T, Bursztajn H
Detoxifying the Fear of Epigenetic Changes Due to COVID Vaccination. Am J Med. 2022 06; 135(6):665-666.
Detoxifying the Fear of Epigenetic Changes Due to COVID Vaccination.
Cosgrove L, Mintzes B, Bursztajn HJ, D'Ambrozio G, Shaughnessy AF
Industry effects on evidence: a case study of long-acting injectable antipsychotics. Account Res. 2024 12; 31(1):2-13.
Industry effects on evidence: a case study of long-acting injectable antipsychotics.
Industry influence on mental health research: depression as a case example. Front Med (Lausanne). 2023; 10:1320304.
Industry influence on mental health research: depression as a case example.
Cosgrove L, Bursztajn HJ, Erlich DR, Wheeler EE, Shaughnessy AF
Conflicts of interest and the quality of recommendations in clinical guidelines. J Eval Clin Pract. 2013 Aug; 19(4):674-81.
Conflicts of interest and the quality of recommendations in clinical guidelines.
De Freitas J, Falls BA, Haque OS, Bursztajn HJ
Journal of the Royal Society of Medicine
Vulnerabilities to misinformation in online pharmaceutical marketing. J R Soc Med. 2013 May; 106(5):184-9.
Vulnerabilities to misinformation in online pharmaceutical marketing.
Schonholz SM, Appel JM, Bursztajn HJ, Nair M, MacIntyre MR
Legal and Ethics Concerns of Psilocybin as Medicine. J Am Acad Psychiatry Law. 2024 12 12; 52(4):477-485.
Legal and Ethics Concerns of Psilocybin as Medicine.
Recognizing misleading pharmaceutical marketing online. J Am Acad Psychiatry Law. 2014; 42(2):219-25.
Recognizing misleading pharmaceutical marketing online.
Direct-to-patient laboratory test reporting: balancing access with effective clinical communication. JAMA. 2014 Jul; 312(2):127-8.
Direct-to-patient laboratory test reporting: balancing access with effective clinical communication.
Dr. Vesna Bosanac: Ethical Decisions in Times of War in Croatia
Vanderbilt University School of Medicine
Ahmed M, Bursztajn HJ, Abramson R, Nisenbaum S
An alternative name for schizophrenia. Lancet Psychiatry. 2014 Sep; 1(4):e5.
PTSD diagnoses can avoid avoidance as an absolute criterion. Lancet Psychiatry. 2014 Oct; 1(5):332-3.
PTSD diagnoses can avoid avoidance as an absolute criterion.
Pivovarova E, Tanaka G, Tang M, Bursztajn HJ, First MB
The Journal of nervous and mental disease
Is Helplessness Still Helpful in Diagnosing Posttraumatic Stress Disorder? J Nerv Ment Dis. 2016 Jan; 204(1):3-8.
Is Helplessness Still Helpful in Diagnosing Posttraumatic Stress Disorder?
Back to the Future. Psychiatr Serv. 2016 05 01; 67(5):473.
A. Clifford Barger Excellence in Mentoring Award
Ethical and legal dimensions of benzodiazepine prescription: a commentary. Psychiatr Ann. 1998 Mar; 28(3):121-7.
Ethical and legal dimensions of benzodiazepine prescription: a commentary.
Beyond the black letter of the law: an empirical study of an individual judge's decision process for civil commitment hearings. J Am Acad Psychiatry Law. 1997; 25(1):79-94.
Beyond the black letter of the law: an empirical study of an individual judge's decision process for civil commitment hearings.
Bursztajn HJ, Paul RK, Reiss DM, Hamm RM
Forensic psychiatric evaluation of workers' compensation claims in a managed-care context. J Am Acad Psychiatry Law. 2003; 31(1):117-9.
Forensic psychiatric evaluation of workers' compensation claims in a managed-care context.
Psychotherapist versus expert witness. Am J Psychiatry. 1998 Feb; 155(2):307; author reply 308.
Efficacy research and psychodynamic psychiatry. Am J Psychiatry. 1991 Jun; 148(6):817-8.
Efficacy research and psychodynamic psychiatry.
"Ethicogenesis": Response to the articles "Consultation-liaison psychiatry and the teaching of ethics," by J. R. McCartney, and "Consultation-liaison psychiatry and clinical ethics," by J. R. Hayes. Gen Hosp Psychiatry. 1986 Nov; 8(6):422-4.
"Ethicogenesis": Response to the articles "Consultation-liaison psychiatry and the teaching of ethics," by J. R. McCartney, and "Consultation-liaison psychiatry and clinical ethics," by J. R. Hayes.
Bursztajn HJ, Harding HP, Gutheil TG, Brodsky A
Beyond cognition: the role of disordered affective states in impairing competence to consent to treatment. Bull Am Acad Psychiatry Law. 1991; 19(4):383-8.
Beyond cognition: the role of disordered affective states in impairing competence to consent to treatment.
Cosgrove L, Shaughnessy AF, Peters SM, Lexchin JR, Bursztajn H, Bero L
Conflicts of Interest and the Presence of Methodologists on Guideline Development Panels: A Cross-Sectional Study of Clinical Practice Guidelines for Major Depressive Disorder. Psychother Psychosom. 2017; 86(3):168-170.
Conflicts of Interest and the Presence of Methodologists on Guideline Development Panels: A Cross-Sectional Study of Clinical Practice Guidelines for Major Depressive Disorder.
Decision-making capacity, memory and informed consent, and judgment at the boundaries of the self. J Clin Ethics. 2007; 18(3):256-61.
Decision-making capacity, memory and informed consent, and judgment at the boundaries of the self.
Re: common pitfalls in the evaluation of testamentary capacity. J Am Acad Psychiatry Law. 2008; 36(1):157.
Re: common pitfalls in the evaluation of testamentary capacity.
Cosgrove L, Bursztajn HJ, Krimsky S, Anaya M, Walker J
Conflicts of interest and disclosure in the American Psychiatric Association's Clinical Practice Guidelines. Psychother Psychosom. 2009; 78(4):228-32.
Conflicts of interest and disclosure in the American Psychiatric Association's Clinical Practice Guidelines.
Psychology, public policy, and law : an official law review of the University of Arizona College of Law and the University of Miami School of Law
Death with dignity or life with health care rationing. Psychol Public Policy Law. 2000 Jun; 6(2):314-21.
Death with dignity or life with health care rationing.
Decision analysis. N Engl J Med. 1979 Jul 05; 301(1):53-4.
Accountability without health care data banks. Health Aff (Millwood). 1998 Nov-Dec; 17(6):252-3.
Accountability without health care data banks.
Unanswered questions about the criminalization of therapist-patient sex. Am J Psychother. 1992 Oct; 46(4):526-31.
Unanswered questions about the criminalization of therapist-patient sex.
Bursztajn H, Gutheil TG, Warren MJ, Brodsky A
Depression, self-love, time, and the "right" to suicide. Gen Hosp Psychiatry. 1986 Mar; 8(2):91-9.
Depression, self-love, time, and the "right" to suicide.
Commentary: the public health consequences of an industry-influenced psychiatric taxonomy: "attenuated psychotic symptoms syndrome" as a case example. Account Res. 2010 Sep; 17(5):264-9.
Commentary: the public health consequences of an industry-influenced psychiatric taxonomy: "attenuated psychotic symptoms syndrome" as a case example.
Lerner MD, Haque OS, Northrup EC, Lawer L, Bursztajn HJ
Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law. Correction. J Am Acad Psychiatry Law. 2012; 40(3):445.
Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law. Correction.
Bursztajn H, Gutheil TG, Brodsky A, Swagerty EL
"Magical thinking," suicide, and malpractice litigation. Bull Am Acad Psychiatry Law. 1988; 16(4):369-77.
"Magical thinking," suicide, and malpractice litigation.
Clinicians' guidelines for assessing and presenting subtle forms of patient incompetence in legal settings. Am J Psychiatry. 1986 Aug; 143(8):1020-3.
Clinicians' guidelines for assessing and presenting subtle forms of patient incompetence in legal settings.
Attorney abuses of Daubert hearings: junk science, junk law, or just plain obstruction? J Am Acad Psychiatry Law. 2005; 33(2):150-2.
Attorney abuses of Daubert hearings: junk science, junk law, or just plain obstruction?
A new resource for managing malpractice risks in managed care. Arch Intern Med. 1996 Oct 14; 156(18):2057-63.
A new resource for managing malpractice risks in managed care.
Work disability after major mental illness and trauma. Psychiatr Serv. 2001 Nov; 52(11):1421.
Work disability after major mental illness and trauma.
Mental and physical disability law reporter
Protecting privacy in the behavioral genetics era. Ment Phys Disabil Law Rep. 2003 Jul-Aug; 27(4):523-6.
Protecting privacy in the behavioral genetics era.
Simons P, Cosgrove L, Shaughnessy AF, Bursztajn H
Antipsychotic augmentation for major depressive disorder: A review of clinical practice guidelines. Int J Law Psychiatry. 2017 Nov - Dec; 55:64-71.
Antipsychotic augmentation for major depressive disorder: A review of clinical practice guidelines.
The Yale journal of biology and medicine
Medical maxims: two views of science. Yale J Biol Med. 1979 Sep-Oct; 52(5):483-6.
Gopal AA, Cosgrove L, Shuv-Ami I, Wheeler EE, Yerganian MJ, Bursztajn HJ
Dynamic informed consent processes vital for treatment with antidepressants. Int J Law Psychiatry. 2012 Sep-Dec; 35(5-6):392-7.
Dynamic informed consent processes vital for treatment with antidepressants.
The Grand Inquisitor's choice: comment on the CEJA report on withholding information from patients. J Clin Ethics. 2006; 17(4):307-11.
The Grand Inquisitor's choice: comment on the CEJA report on withholding information from patients.
Pavlo AM, Bursztajn H, Gutheil TG, Levi LM
Weighing religious beliefs in determining competence. Hosp Community Psychiatry. 1987 Apr; 38(4):350-2.
Weighing religious beliefs in determining competence.
Bursztajn H, Gutheil TG, Mills M, Hamm RM, Brodsky A
Process analysis of judges' commitment decisions: a preliminary empirical study. Am J Psychiatry. 1986 Feb; 143(2):170-4.
Process analysis of judges' commitment decisions: a preliminary empirical study.
More law and less protection: "critogenesis" "legal iatrogenesis," and medical decision making. J Geriatr Psychiatry. 1985; 18(2):143-53.
More law and less protection: "critogenesis" "legal iatrogenesis," and medical decision making.
Cosgrove L, Shaughnessy AF, Wheeler EE, Austad KE, Kirsch I, Bursztajn HJ
The American Psychiatric Association's guideline for major depressive disorder: a commentary. Psychother Psychosom. 2012; 81(3):186-8.
The American Psychiatric Association's guideline for major depressive disorder: a commentary.
Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law. J Am Acad Psychiatry Law. 2012; 40(2):177-90.
Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law.
Bursztajn HJ, Chanowitz B, Gutheil TG, Hamm RM
Micro-effects of language on risk perception in drug prescribing behavior. Bull Am Acad Psychiatry Law. 1992; 20(1):59-66.
Micro-effects of language on risk perception in drug prescribing behavior.
Gutheil TG, Bursztajn H, Hilliard JT, Brodsky A
"Just say no": experts' late withdrawal from cases to preserve independence and objectivity. J Am Acad Psychiatry Law. 2004; 32(4):390-4.
"Just say no": experts' late withdrawal from cases to preserve independence and objectivity.
Crisis and opportunity-The DSM-V and its neurology quandary. Asian J Psychiatr. 2009 Dec; 2(4):143.
Crisis and opportunity-The DSM-V and its neurology quandary.
Competency to make a will. Am J Psychiatry. 1992 Oct; 149(10):1415-6.