Psychiatric
Malpractice
Psychiatric malpractice lawsuits are a
variation of medical malpractice
that involve psychiatrists instead of physicians. Though
psychiatrists are trained medical doctors, they also have training
in psychotherapy techniques and psychopharmacological drugs.
Psychiatrists also differ from other psychotherapists,
who may have either a PhD or PsyD from an accredited university
and are licensed by the state or are licensed clinical social
workers (LCSWs).
Psychiatrists' basic training is in medicine and the treatment
of mental disorders from a medical and pharmacological perspective.
Some psychiatrists help patients by administering psychotherapy
and drug treatment while others work with a trained psychotherapist
and primarily administer prescription medication to the patients.
In the late 1980's through 1990's many psychiatrists were implicated
in recovered memory lawsuits
as patients were claiming their doctors had implanted false or
fraudulent memories with them while in treatment. Recovered memory
lawsuits have dwindled in numbers since the turn of the century,
but other psychiatric malpractice lawsuits still remain.
Psychiatric
Malpractice Lawsuits
Psychiatric malpractice lawsuits may include the following components:
- Failure to diagnose
- Failure to treat
- Sexual Misconduct
- Negligent use or monitoring of psychopharmacological drugs
- Failure to get signed consent for treatment
- Failure to prevent patients from harming selves
- Failure to prevent patients from harming others
- False imprisonment (restraints or seclusion)
- Breach of confidentiality
- Defamation
- Abandonment
- Fraud & malfeasance
- Negligent supervision
- Negligent psychotherapy
- Assault and battery
- Wrongful death
Psychiatric malpractice lawsuits are generally based upon either
negligence or intentional
torts. In either case, the plaintiff's attorney must convince
a jury on four points when making the case. The four points include:
1. Doctor-patient relationship existed
2. The psychiatrist breached the duty of reasonable care
3. A physical, mental or emotional injury must have occurred
4. The breach of care was the proximate cause of the injury
Besides bringing forth a psychiatric malpractice lawsuit, there
are some other actions that may be taken as well against an offending
psychiatrist. Filing a complaint with the psychiatrist's employer,
filing an ethics complaint with the review board or filing a human
rights complaint are other actions that can be taken either in
lieu of or in addition to a psychiatric malpractice lawsuit.
In bringing forth litigation for psychiatric malpractice there
are statute of limitations issues to consider, which vary from
state to state. It is advisable to check with a medical malpractice
attorney when considering a case for psychiatric malpractice,
so that all filing deadlines and the complexity of the event may
be discussed.
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