What is Psychiatric Malpractice?

Tuesday, October 22, 2024

What is Psychiatric Malpractice?

Written by Malman Law, reviewed by Steve J. Malman.

Psychiatric malpractice can be as harmful as other types of medical malpractice, yet it is often more difficult to prove. These claims are often met with skepticism, especially because of the vulnerable nature of those patients who seek treatment in the first place. An experienced personal injury lawyer can help you.

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The Types of Psychiatric Malpractice

Psychiatric malpractice differs from medical malpractice performed by general doctors. Instead, these are typically negligence or an abuse of power. Negligence can occur during misdiagnosis or failure to document patient information, as well as failure to prescribe the proper psychiatric medication. Psychiatrists who take on too many patients may also find that they are unable to provide their patients with adequate, reasonable care.

Examples of Psychiatric Malpractice

Psychiatric malpractice occurs when a mental health professional’s actions or inactions fall below the standard of care, causing harm to a patient. Below are some of the most common examples of psychiatric malpractice:

1. Lack of Informed Consent

Patients must understand and agree to any medications or treatments. If a psychiatrist prescribes medication without obtaining the patient’s informed consent or coerces a patient into taking treatment, this is considered malpractice.

2. Breach of Confidentiality

Mental health professionals are required to protect the privacy of their patients. Disclosing a patient’s personal information without permission is a serious breach of confidentiality and a form of malpractice. This can include disclosing details to unauthorized individuals or failing to secure patient records.

3. Failure to Assess Suicide Risk

Mental health providers must carefully assess a patient’s risk of self-harm or suicide. Failing to properly evaluate warning signs or take the necessary precautions, such as hospitalizing a patient in danger, can lead to tragic outcomes. Providers who do not act with reasonable care in these situations may face legal consequences for malpractice.

4. Misdiagnosis or Failure to Diagnose

If a mental health professional fails to recognize or correctly diagnose a mental health condition, especially when symptoms are clearly present, this can lead to improper or delayed treatment, causing further harm to the patient. Misdiagnosis or failure to diagnose a condition that results in harm is another common example of psychiatric malpractice.

5. Sexual Misconduct or Abuse

Engaging in a sexual relationship with a patient is both unethical and illegal in most states. Mental health professionals who exploit their position of trust for personal gain can face not only malpractice lawsuits but also criminal charges.

6. Patient Abandonment

If a mental health provider abruptly ends services without transitioning the patient to another professional, this abandonment can lead to serious harm, especially if the patient is still in need of care. This can occur when a therapist suddenly stops treatment without offering alternatives, leaving the patient vulnerable and at risk of harm.

7. Medication Errors

Prescribing incorrect medication, the wrong dosage, or failing to monitor a patient’s response can lead to severe consequences and result in significant harm.

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Most Common Complaints Against Psychiatrists in Malpractice Cases

One of the most frequent complaints in psychiatric malpractice cases is the failure to properly diagnose or treat a patient’s condition. Mental health issues are often complex, requiring careful evaluation and tailored treatment plans. When a psychiatrist misdiagnoses a condition or fails to identify an underlying issue, it can have devastating effects on a patient’s well-being. Incorrect treatment or delayed intervention can worsen the patient’s mental health, leading to increased suffering or harm. This makes diagnosis and proper treatment pivotal aspects of psychiatric care.

Beyond misdiagnosis, there are several other common complaints that patients and their families may raise in malpractice suits against psychiatrists and therapists. These include:

• Excessive or inappropriate self-disclosure: Therapists are expected to maintain professional boundaries. When they share too much personal information, it can blur the lines of the therapeutic relationship, making the patient feel uncomfortable or neglected.
• Involvement in business relationships with patients: Engaging in any form of business arrangement with a patient compromises the objectivity and trust necessary in a therapeutic setting. This conflict of interest can harm the patient-therapist dynamic and lead to unethical practices.
• Using therapeutic techniques without proper training: Therapists are required to use techniques they are adequately trained in. Applying unfamiliar or experimental methods without proper knowledge or certification can cause harm rather than provide the intended therapeutic benefits.
• Deliberately using an incorrect diagnosis: In some cases, a psychiatrist may assign an inaccurate diagnosis, whether due to negligence or for other questionable reasons. This can mislead other healthcare professionals, resulting in improper treatment plans or medication errors.
• Avoiding the medical model: Some therapists may avoid medically accepted approaches to treatment, instead using alternative models that lack scientific backing. This can put patients at risk, particularly if they need medication or other medical interventions to stabilize their condition.
• Inadequate note-taking or record-keeping: Failing to maintain detailed and accurate records can have serious legal repercussions. In the event of a malpractice claim, proper documentation is essential to demonstrate the course of treatment and decisions made.
• Failure to obtain an adequate patient history: A comprehensive patient history is critical to providing proper care. If a psychiatrist does not thoroughly assess the patient’s background, including medical history, family history, and past treatments, they may overlook important factors that affect the patient’s current condition.

In most psychiatric malpractice cases, claims hinge on proving four essential elements: duty, breach, injury, and damages. The most challenging aspect of these cases is often proving causation—demonstrating that the psychiatrist’s actions directly caused harm to the patient. Given the complexity of mental health and the potential for external factors to influence a patient’s well-being, establishing clear causation can be a difficult legal hurdle.

The Abuse of Power

There are numerous ways in which a psychiatrist can abuse his or her power over a vulnerable patient. Some ways include:

• Sharing information without the patient’s consent
• Abusing or threatening the patient (verbally or physically)
• Engaging in a sexual relationship with the patient
• Abandoning the patient
• Using restraints unnecessarily
• Sexual abuse

Malpractice and Suicidal Patients

Mental health care laws require that a psychiatrist contact a third party when there is a risk that his or her patients may commit suicide or cause harm to themselves. If the psychiatrist fails to take action and prevent a patient’s suicide—and knew that the patient had intended to commit suicide—then he or she could be held liable under a wrongful death action. Psychiatrists are also responsible for documenting all attempts at suicide, noting their patient’s specific patterns, and looking for indications that they may harm themselves.

The Effects of Psychiatric Malpractice

Psychiatric malpractice can lead to emotional distress or physical injury. If a patient is prescribed a medication that is unnecessary for his or her condition, it could have adverse side effects or even lead to death. Also, a patient who requires medication to control his or her psychiatric condition but doesn’t receive it, could suffer from adverse harm – or possibly death.

Patients visit a psychiatrist because they have some sort of emotional trauma that they need assistance with. This is why psychiatric malpractice can be even more damaging. Patients can become a danger to others or suicidal from the trauma. Also, new psychological disorders could develop as a result of the malpractice—requiring longer treatments or resulting in long-term disability.

Filing a Psychiatric Malpractice Lawsuit

Psychiatric malpractice is handled under medical malpractice lawsuits. It requires the same criteria in order to file a successful claim, which is:

1. The patient must prove that a doctor/patient relationship existed
2. The patient must prove that the psychiatrist violated his or her duty of care
3. The patient must have experienced harm
4. The harm must be linked to the violation of the psychiatrist’s duty of care

Speak with a Chicago Medical Malpractice Attorney Regarding Your Case

If you or a loved one was injured because of a psychiatrist’s failure to perform his or her duties, then you may be entitled to compensation under the law. Contact a Champaign Personal Injury Lawyer at Malman Law today. We offer free case evaluations and are here to answer your call 24 hours per day, seven days per week. Fill out our online contact form with your questions today.