Psychiatric Malpractice
ROB LEVINE, PSYCHIATRIC MALPRACTICE LAWYER
VICTIM OF MENTAL HEALTH MALPRACTICE? GET AN ATTORNEY
Psychiatrists, like any doctor who prescribes medication and sees patients, can be subject to a medical malpractice lawsuit.
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WHAT IS PSYCHIATRIC MALPRACTICE?
Psychiatric 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 psychiatric 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.
HOW DOES THIS HAPPEN?
Lack of consent is a common reason for psychiatric 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.
FAQs About Your
Medical Malpractice Case
How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
- Access information regarding your case that is accurate, easy to understand, and in your language.
- Access any assistance you may need to understand your medical information.
- Be involved in decisions regarding your medical treatment.
- Receive respectful care from any medical professional.
- Confidentiality regarding your medical care and treatments.
- Read and copy your medical records to ensure accuracy.
- File a complaint against any medical staff who treats you.
Helpful Resources About Your
Medical Malpractice Case
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