Why Dual Board Certification in Toxicology and Psychopharmacology Matters for Your Case

When you're handling a case that involves drugs, medications, or toxic substances, the expert witness you choose can make or break your argument. Most attorneys know to look for a toxicologist — but very few think to ask whether their expert also holds board certification in psychopharmacology. Here's why that second credential matters more than you might expect.

What Is DABAT? (Board Certification in Toxicology)

DABAT stands for Diplomate of the American Board of Applied Toxicology. It is the gold-standard board certification for clinical and forensic toxicologists in the United States. Earning this credential requires demonstrating expertise in how toxic substances — including prescription drugs, illicit drugs, alcohol, and environmental chemicals — affect the human body, and how those effects can be measured and interpreted in a legal context.

A DABAT-certified expert can credibly testify on drug concentrations in blood or urine, overdose causation, impairment at the time of an incident, standard of care for prescribing physicians, and the toxicological basis of death. This credential is routinely recognized by courts in both civil and criminal proceedings.

What Is BCPP? (Board Certification in Psychiatric Pharmacy / Psychopharmacology)

BCPP stands for Board Certified Psychiatric Pharmacist — the highest professional credential in psychopharmacology. It is awarded by the Board of Pharmacy Specialties and requires demonstrated expertise in the pharmacological management of psychiatric and neurological disorders, including depression, anxiety, schizophrenia, bipolar disorder, PTSD, and substance use disorders.

A BCPP-certified expert understands not just what a drug does in the body, but how psychiatric medications interact with cognition, behavior, and decision-making — and whether a prescriber followed the accepted standard of care when treating a patient with complex mental health needs. This expertise is increasingly critical in litigation involving antidepressants, antipsychotics, benzodiazepines, stimulants, and opioids prescribed for psychiatric indications.

Why Having Both Changes Everything

Here is the challenge attorneys face: most cases involving drugs do not fall neatly into just "toxicology" or just "psychiatry." They sit at the intersection of both. Consider the following scenarios:

A patient dies after being prescribed an antipsychotic at an inpatient psychiatric facility. Was the dose appropriate? Did the prescriber account for drug-drug interactions? Was the death foreseeable? A toxicologist alone can describe what the drug does. A psychopharmacologist alone can speak to psychiatric standards of care. But only an expert who holds both credentials can weave those two narratives into a single, authoritative, coherent opinion.

A defendant faces a DUI charge. The substance detected was not alcohol but a prescribed psychiatric medication. The defense argues the medication did not impair the defendant. The prosecution argues it did. A dual-certified expert can address both the pharmacokinetics of the drug (toxicology) and its known behavioral and cognitive effects (psychopharmacology) — providing a level of completeness that a single-specialty expert simply cannot match.

Case Types That Benefit Most from Dual Expertise

Attorneys handling any of the following matters should prioritize finding an expert with both DABAT and BCPP credentials:

Psychiatric medication malpractice — wrongful death or injury resulting from antidepressant, antipsychotic, or mood stabilizer prescribing errors.

Opioid overdose litigation — cases involving prescribed opioids, especially where psychiatric comorbidities (such as depression or anxiety) are a factor.

Drug-related DUI / DUID — cases where the impairing substance was a legal prescription medication, particularly psychiatric drugs.

Inpatient facility liability — wrongful death or injury at psychiatric hospitals, detox centers, or residential treatment facilities.

Medication error cases — dispensing errors, dosing errors, or failure-to-warn claims involving psychotropic medications.

Product liability involving psychiatric drugs — cases challenging the adequacy of labeling or warnings on psychiatric medications.

The Only Expert in the Nation with Both Certifications

Dr. Alberto Augsten, PharmD, MS, BCPP, DABAT, is the only dual board-certified Toxicologist and Psychopharmacologist in the United States. With over 15 years of experience in clinical, academic, and forensic settings, Dr. Augsten has been retained in complex civil and criminal litigation involving drug-related DUIs, opioid overdoses, poisoning claims, psychiatric medication errors, and standards of care for psychopharmacological treatment.

If you are handling a case that touches both the toxicological and psychiatric dimensions of drug use, you need an expert who can speak to both — with the credentials to back it up in court. Contact Augsten Consulting to discuss your case.