Psychiatric Malpractice

Overview

• Psychiatrists can be wonderful resources for people who are experiencing any mental problems such as depression, anxiety, feelings of stress or sadness, or after any kind of conflict.
• They are able to prevent, diagnose, and treat mental illnesses to help their patients in every aspect of their lives.
• Seeking treatment from a psychiatrist is increasing in popularity now that mental health awareness has increased and people are realizing the benefits.
• Moreover, Millions of people are finding great success with psychiatric treatment each year and experiencing the benefits.
• Unfortunately, there is also a large group of people who have been mistreated by the people they thought would help them.
• That is when a psychiatric malpractice case occurs and it is time to seek advice from a medical expert.
• Besides this, Medical experts work with patients who believe they have experienced psychiatric malpractice to prove in court that they were mistreat by their psychiatrist. [1]
• The psychiatrist-patient relationship is one of the most intensely personal in the field of professional health care.
• As a result, a psychiatrist’s errors or missteps in treatment can carry significant consequences for patients.  [2]

Elements for Claim

As with all medical malpractice claims, psychiatric patients must prove each aspect of medical negligence in order to successfully seek compensation.

Those elements include:

1. A doctor-patient relationship existed.
2. The psychiatrist acted in a negligent manner by breaching the duty of reasonable care.
3. The patient endured a either physical or mental injury.
4. A proximate link between the negligence and the patient’s injury can demonstrate. [3]

Examples

Abuse of Power:

• There are several ways that a psychiatrist could possibly abuse their power also cause harm to their patient.
• A few examples of abuse of power include sharing information without patient consent, threatening the patient, and physical abuse.
• Doctors are mean to do everything they can to help their patients and should never use their status or power for anything other than helping. [1]

Exploitation of Trust:

• As doctors, psychiatrists are expect to maintain their professionalism during all encounters with their patients.
• That means that patients should never give a reason to doubt the relationship that is between themselves and their doctor.
• Confidentiality should strictly maintain and no boundaries should ever cross in order to maintain the professional relationship that takes place between the doctor and the patient. [1]
• If the psychiatrist’s conduct fails to meet that standard and causes harm to the patient, the psychiatrist will liable for that harm.
• This can be true even if the patient consented to a sexual relationship.
• The harm in this situation can come in many forms.
• The most common form is emotional harm resulting from a breach of trust. [2]

Failure to prevent a patient’s suicide:

• If a psychiatrist knows that a patient is at risk for dying by suicide, they have a responsibility to take every step they can to prevent it.
• This may put a great deal of pressure on the profession.
• But they are educated health professionals that are trained in the field of mental health and that means they should be equipped with the proper techniques, treatment plans, and medications to handle the situation.
• Failure to do so could result in a tragedy for the patient as well as for the psychiatrist’s career. [1]

False Repressed Memories:

• Recovered memory therapy is a common treatment for doctors to use on patients and help them through current struggles.
• However, if a false memory is reveal to a patient as an authentic memory, psychiatrist’s run the risk of entering a medical malpractice case.
• The false memory would have to prove by methods in court. [1]

Improper diagnosis.:

• Just like medical care, psychiatrists make diagnoses regarding mental health conditions.
• When psychiatrists make incorrect diagnoses, the patient may not get necessary treatment and their condition could significantly worsen. [3]

Improper Prescriptions:

• In order for a psychiatric malpractice case regarding improper prescriptions to be relevant, it had to have been the doctor who made the mistake.
• Additionally, Cases where the pharmacist or the drug manufacturing company neglected to deliver the correct medication are not the same as a medical malpractice case.
• If a psychiatrist prescribed a medication that ended up actually causing a patient harm, additionally it is likely that a psychiatric malpractice Case is in order. [1]
• When psychiatrists prescribe medication, they must ensure that their prescriptions are accurate.
• Not only must they prescribe the correct medication, but they must also make certain that the dosage is accurate and appropriate for the patient. [3]

Warning a third party of threats:

• Though doctor-patient confidentiality applies to the psychiatric relationship, the law requires psychiatrists to report certain dangers, including circumstances where a patient has made a credible threat to the health and safety of a third party.
• For example, a psychiatric patient reveals a plot to murder a neighbour.
• The psychiatrist does not report the threat to law enforcement and the patient attempts to carry out his plan, resulting in serious injury to the neighbour.
• The psychiatrist may be liable for medical malpractice under this scenario. [3]

Engaging in an inappropriate relationship with a client:

• Psychiatrists must maintain strictly professional relationships with their patients.
• When they fail to establish boundaries and cross the line of appropriateness, vulnerable patients can be mentally and physically injured.
• An article in psychology today expressly lists sexual relationships between psychiatrists and patients as grounds for a malpractice claim. [3]

Terminology 

Here are some of the key terminologies used in the article on psychiatric malpractice, along with their meanings:

• Psychiatric malpractice: This refers to a situation where a mental health professional, like a psychiatrist, fails to provide the standard of care expected in their profession, resulting in harm to the patient.
• Mental health professional: This broadly encompasses individuals trained and licensed to provide mental healthcare, including psychiatrists, psychologists, therapists, and social workers.
• Standard of care: This represents the level of care and skill that a reasonably competent mental health professional would provide under similar circumstances.
• Harm or injury: This can refer to physical, emotional, or psychological damage suffered by the patient due to the malpractice.
• Misdiagnosis: This occurs when a mental health professional incorrectly identifies a patient’s condition, potentially leading to inappropriate or harmful treatment.
• Delayed diagnosis: This refers to a significant delay in correctly identifying a patient’s condition, resulting in a worsening of the condition or missed opportunities for effective treatment.
• Medication errors: These can include prescribing the wrong medication, incorrect dosage, or failing to monitor for side effects, potentially causing adverse reactions or complications.
• Suicide risk assessment: This involves evaluating a patient’s likelihood of attempting suicide and taking appropriate measures to prevent it.
• Breach of confidentiality: This happens when a mental health professional discloses a patient’s private information without their consent, potentially causing emotional distress or harm to their reputation.
• Boundary violations: This refers to inappropriate behavior by a mental health professional towards a patient, such as engaging in a sexual relationship, exploiting them financially, or abusing their power.

Also Search As

There are several ways to search for information on psychiatric malpractice, each with its own advantages and limitations:

1. Search Engines

• General search engines (Google, Bing, etc.)

  • Pros: Widely accessible, vast amount of information, easy to use.
  • Cons: Information can be overwhelming, varying levels of quality and accuracy, may require filtering through irrelevant results.

• Specialized legal search engines (FindLaw, Justia, etc.)

  • Pros: Focus on legal information, potentially more relevant results, often include case law and statutes.
  • Cons: May require legal knowledge to interpret results, can be less user-friendly.

2. Online Databases

• Medical and legal databases: (PubMed, LexisNexis, Westlaw, etc.)

  • Pros: Access to scholarly articles, legal cases, and expert opinions, reliable and authoritative information.
  • Cons: May require subscriptions or access through institutions, can be complex to navigate.

3. Professional Organizations

• Websites of psychiatric and legal associations: (American Psychiatric Association, American Bar Association, etc.)

  • Pros: Provide information on ethical guidelines, standards of care, and legal resources.
  • Cons: Information may be biased or limited, may not provide specific case examples.

4. Consultations

• Attorneys specializing in medical malpractice:

  • Pros: Can provide legal advice and guidance tailored to your specific situation, assess the merits of your case.
  • Cons: May require paying for consultation fees, finding the right attorney can be challenging.

• Mental health professionals:

  • Pros: Can offer insights on professional standards and practices, identify potential breaches of care.
  • Cons: May be hesitant to comment on specific cases due to confidentiality concerns or professional relationships.

1. Online Search (General)

• Search Engines: Use Google, Bing, etc., with keywords like "psychiatric malpractice India," "mental health negligence Rajkot," or specific issues (e.g., "misdiagnosis psychiatrist Gujarat").
• Local Directories: Search online directories or listings for lawyers and mental health professionals in your area.

2. Online Search (Specialized)

• Indian Legal Databases: Look for online databases specific to Indian law, if accessible, which may have case law or articles on psychiatric malpractice.
• Medical Journals: Search online medical journals (Indian or international) for research or case studies related to psychiatric malpractice in India.

3. Professional Consultations (Local)

• Lawyers: Consult lawyers specializing in medical malpractice or personal injury in Rajkot or a major city in Gujarat. They’ll know local laws and procedures.
• Mental Health Professionals: While not legal experts, they can provide insights on standards of care and potential malpractice, possibly recommending a lawyer.
• Consumer Protection Organizations: If such groups exist locally, they may have resources or advice on handling medical malpractice claims.

4. Government & Institutional Resources

• Medical Councils: State or national medical councils may have complaint mechanisms or information on malpractice.
• Mental Health Advocacy Groups: If any exist in Gujarat, they might offer support or resources for those affected by malpractice.