Suing your Psychiatrist for Malpractice. Mental health is a very sensitive and painful topic for patients and their families as well. Due to the non-acceptance of this very real illness category, often adequate and proper treatment remains inaccessible to patients who need it very much. Across the world, the facilities for mental health are in shambles, and you can find very few hardworking psychiatrists taking the burden and providing the best care they can.
With such troubling circumstances, it becomes even more painful for a patient when there is negligence or misconduct from a psychiatrist’s end.
What is sadder is that patients rarely get their time in court due to the inaccessibility and lack of clarity when it comes to malpractice cases regarding psychiatrists.
We are here to run you through some points quickly and also detail how we can help you fight your case better.
When can you sue your psychiatrist?
Suing your Psychiatrist for Malpractice. The issues of medical malpractice become a little grey when it comes to psychiatrists. Even though the nature of practice may be more of a counselor with occasional drug prescriptions, psychiatrists do fall into the local and federal laws of medical malpractice. You cannot pursue a claim of unsatisfactory results due to the nature of the illness, but you can sue them when it comes to :
Misdiagnosis & Negligence
While many mental illnesses have overlapping symptoms, it is the primary duty of the psychiatrist to talk to the patient and diagnose it correctly. A misdiagnosis can result in devastating consequences. Misdiagnose, negligence to provide timely diagnosis, and overall negligence are some of the major reasons that a malpractice case is brought against a therapist.
Incorrect Drug Prescription
Not every drug works the same way, and not everyone has the same reaction when it comes to drugs. Hence, like other physicians, it becomes the duty of the caregiver to notice any side-effects, non-reactions, and harmful reactions and change the prescribed drug in time. Failure to do so many leave permanent damage to the patient. Every patient has the right to sue his/her psychiatrist in such a circumstance.
Improper Conduct/Breach of Trust
A psychiatrist has extraordinary power and trust granted to them by their patients. It is hence, their onus to conduct themselves and provide an established standard of care to their patients. Any physical abuse, emotional or sexual abuse breaches a dozen codes of conduct and is liable for a suit. Also, they are expected to maintain the strictest of confidence of all information shared with them unless the information threatens the patient or a third-party.
Failure to Act in Conscience
This is the second most reason a psychiatrist may get sued for. Psychiatrists deal with vulnerable patients in volatile states. If a patient threatens or confesses to a violent crime against themselves or a third-party, it becomes extremely important for the doctor to act in conscience. This may include admitting the patient in a supervised facility, informing the police authorities, and/or the patient’s next of kin. Families of the patient can sue the therapist/psychiatrist if they fail to do so at the right time.
Role of Medical Summary Firms in Malpractice cases against Psychiatrists
It can be hard to prove misdiagnosis, negligence, or improper drug prescriptions without having a medical background or specifically a mental health background. Psychiatrists are required to keep extensive notes, and those can be subpoenaed in case of malpractice cases. A thorough analysis of the chronology, symptoms recorded, and the drugs prescribed can help establish the same. Medical summary firms can also help legal teams understand the illness and share documents that can help prove their cases. These reports can be further admitted in court to help prove the plaintiff’s case of medical malpractice.