Mental Health Malpractice
What is mental health malpractice?
Psychiatrists, like any doctor who prescribes medication and sees patients, can be subject to a medical malpractice lawsuit.
Mental health malpractice cases require the patient to prove that there was a doctor-patient relationship and that there was either abuse or neglect by the psychiatrist or clinician that resulted in injury or harm to the patient.
This type of case has become more common with the rise of suicides. Although malpractice is not to blame for every case of suicide, a case can be filed if the psychiatrist does not complete the suicide risk assessment and continue monitoring the patient. It would also be considered a malpractice if the psychiatrist fails to act if the patient is exhibiting behaviors with intent to harm the self.
Lack of consent is a common reason for malpractice claims. Patients are legally required to have consent for the medications and treatments they receive. Prescribing medication or forcing the patient to take certain medications goes against the standard of care and would be considered malpractice.
Misdiagnosis in psychiatry is critical as the medications will alter the patient’s state of mind. You can read more about misdiagnosis here. This can extend to the failure to diagnose a condition that ultimately causes more harm to the patient.
If you think your psychiatrist or clinician has violated your rights, please contact the medical malpractice attorneys at Rob Levine & Associates for a free case evaluation.