Literature DB >> 27639654

"An absolutely necessary piece": A qualitative study of legal perspectives on medical affidavits in the asylum process.

Elizabeth Scruggs1, Timothy C Guetterman2, Anna C Meyer3, Jamie VanArtsdalen4, Michele Heisler5.   

Abstract

A key challenge for asylum seekers in the United States is being able to provide evidence of prior persecution in their home countries. Medical/psychological affidavits corroborating applicants' accounts often make the difference between successful and unsuccessful applications. The purpose of this study was to identify the unmet demand for and features of effective medical/psychological affidavits in the asylum process, as well as the personal and systemic barriers for asylum seekers. This is a qualitative study of semi-structured interviews with legal professionals who work in asylum law. Sixteen asylum lawyers and one Board of Immigration Appeals accredited representative practicing in the state of Michigan, United States, participated in this study. All participants noted that a vast majority of their asylum cases would benefit from a medical affidavit but that they have difficulty finding qualified physicians with experience writing such affidavits and testifying as expert witnesses. The major barriers to obtaining medical/psychological evaluations included inability to pay for services, lack of practitioner availability, and lack of practitioner training. The participants reported that features of a strong medical affidavit included clear, concise, and corroborative accounts that supported the applicant's story from a diagnostic perspective and forensic descriptions that reinforced the credibility of the applicant. Several also noted that medical/psychological evaluations frequently would reveal additional details and incidents of trauma beyond those stated in the applicant's preliminary statement. The study results suggest substantial unmet need for trained physicians to perform medical and psychological evaluations on a pro bono basis. Lawyers' recommendations regarding effective medical affidavits and necessary ongoing support for asylum applicants should inform current efforts to improve physician and lawyer collaborations on asylum cases.
Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Entities:  

Keywords:  Asylum evaluation; Asylum seekers; Forensic medicine; Human rights; Underserved care

Mesh:

Year:  2016        PMID: 27639654      PMCID: PMC5121032          DOI: 10.1016/j.jflm.2016.09.002

Source DB:  PubMed          Journal:  J Forensic Leg Med        ISSN: 1752-928X            Impact factor:   1.614


  15 in total

1.  Forensic medical examination of refugees who claim to have been tortured.

Authors:  Peter Mygind Leth; Jytte Banner
Journal:  Am J Forensic Med Pathol       Date:  2005-06       Impact factor: 0.921

2.  Asylum grant rates following medical evaluations of maltreatment among political asylum applicants in the United States.

Authors:  Stuart L Lustig; Sarah Kureshi; Kevin L Delucchi; Vincent Iacopino; Samantha C Morse
Journal:  J Immigr Minor Health       Date:  2008-02

3.  Ethical and professional considerations providing medical evaluation and care to refugee asylum seekers.

Authors:  Ramin Asgary; Clyde L Smith
Journal:  Am J Bioeth       Date:  2013       Impact factor: 11.229

4.  An analytical approach to clinical forensic evaluations of asylum seekers: the Healthright International Human Rights Clinic.

Authors:  Gary J Stadtmauer; Elizabeth Singer; Eva Metalios
Journal:  J Forensic Leg Med       Date:  2009-08-11       Impact factor: 1.614

5.  The Istanbul protocol (manual on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment): implementation and education in Israel.

Authors:  Firas Abu Akar; Revital Arbel; Zvi Benninga; Mushira Aboo Dia; Bettina Steiner-Birmanns
Journal:  Isr Med Assoc J       Date:  2014-03       Impact factor: 0.892

6.  Combating torture with medical evidence: the use of medical evidence and expert opinions in international and regional human rights tribunals.

Authors:  Asger Kjærum
Journal:  Torture       Date:  2010

7.  Socio-medical challenges of asylum seekers prior and after coming to the US.

Authors:  Ramin Asgary; Beth Charpentier; Delia C Burnett
Journal:  J Immigr Minor Health       Date:  2013-10

8.  A call to teach medical students clinical human rights.

Authors:  Ramin Asgary
Journal:  Acad Med       Date:  2013-03       Impact factor: 6.893

9.  Non-clinicians' judgments about asylum seekers' mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

Authors:  Lucy Wilson-Shaw; Nancy Pistrang; Jane Herlihy
Journal:  Eur J Psychotraumatol       Date:  2012-10-16

10.  Training medical students in human rights: a fifteen-year experience in Geneva.

Authors:  Philippe Chastonay; Véronique Zesiger; Jackeline Ferreira; Emmanuel Kabengele Mpinga
Journal:  Can Med Educ J       Date:  2012-09-30
View more
  4 in total

Review 1.  Asylum Seekers in a Time of Record Forced Global Displacement: the Role of Physicians.

Authors:  Katherine C McKenzie; Jon Bauer; P Preston Reynolds
Journal:  J Gen Intern Med       Date:  2018-06-15       Impact factor: 5.128

2.  Lessons from Asylum Seekers: How Forensic Medical Evaluations Can Teach Us Things We Didn't Learn in Medical School.

Authors:  Katherine C McKenzie; Eleanor Hope Emery
Journal:  J Gen Intern Med       Date:  2020-09-01       Impact factor: 6.473

3.  Evaluating the Impact of Student-run Asylum Clinics in the US from 2016-2018.

Authors:  Madison B Sharp; Andrew R Milewski; Claire Lamneck; Katherine McKenzie
Journal:  Health Hum Rights       Date:  2019-12

Review 4.  A Systematic Review of Medical-Legal Partnerships Serving Immigrant Communities in the United States.

Authors:  Avery League; Katharine M Donato; Nima Sheth; Elizabeth Selden; Sheetal Patel; Laurie Ball Cooper; Emily Mendenhall
Journal:  J Immigr Minor Health       Date:  2020-09-25
  4 in total

北京卡尤迪生物科技股份有限公司 © 2022-2023.