Psychiatric malpractice is a type of medical malpractice. Psychiatrists, psychologists, psychotherapists, and other mental health providers have a responsibility to treat their patients in a professional and ethical manner and with the patient’s best interests in mind. It is particularly important for mental health professionals to hold themselves to the highest of standards because oftentimes their patients are very vulnerable and in a fragile state of mind.
What Is Psychiatric Malpractice?
Mental health professionals are expected to treat their patients with dignity and respect and in a manner which will not harm the patient, while at the same time providing appropriate care. When a psychiatrist, psychotherapist, psychologist, or other mental health professional fails to exercise the appropriate degree of care that a reasonable professional under similar circumstances would exercise and a patient is harmed, he or she has committed psychiatric malpractice.
Types of Psychiatric Malpractice
Any behavior or treatment that does not meet the appropriate standard of care may give rise to a claim of psychiatric malpractice. The most common forms of psychiatric malpractice are:
- Failure to diagnose;
- Physical or mental abuse;
- Sexual abuse;
- Sexual misconduct with a patient;
- Having an unethical relationship with a client;
- False imprisonment;
- Breach of doctor-patient privilege;
- Prescription misdiagnosis;
- Illegal or unorthodox therapeutic techniques;
- Failure to adequately supervise a patient;
- Failure to properly treat;
- Lack of informed consent;
- Abandonment;
- Failure to prevent harm; and
- Fraud.
How to Prove a Psychiatric Malpractice Case
Proving a psychiatric malpractice case is very similar to proving any other medical malpractice case. The plaintiff must prove four elements:
- That there was a doctor-patient or provider-patient relationship giving rise to a duty of reasonable care;
- That the provider breached the duty of reasonable care by acting negligently or outside the scope of his professional responsibilities;
- That the patient suffered harm or injury, including emotional suffering, physical injuries, memory loss, aggravation of his or her psychological or psychiatric problems, and death (including suicide); and
- That there is a causal relationship between the provider’s acts or omissions and the patient’s injuries.
Getting Legal Help
Proving a psychiatric malpractice case can be very difficult because oftentimes the injuries are emotional rather than physical. If you or a loved one has been the victim of psychiatric malpractice, you should contact a qualified medical malpractice attorney who can assist you in obtaining the compensation you deserve.
