The relationship between a psychiatrist and patient is intense. It is one of the more intimate relationships seen in healthcare. Because of this strong relationship, the consequences of a psychiatrist’s errors are often more severe. While a psychiatrist may not be performing surgery or diagnosing a deadly disease, he or she, too, can be held liable for malpractice when a patient suffers injury because of those critical errors.
When Can a Psychiatrist or Psychologist be Sued?
Mental health professionals operate like other healthcare professionals: They treat patients. In the mental health industry, there are three types of medical malpractice claims that could arise, which include:
- Exploitation of the Relationship. This occurs when a psychiatrist takes advantage of his or her position of power over the patient. Often, these will correlate with violations of the psychiatrist’s code of ethics – such as influencing a patient to do something, or having a sexual relationship with the patient. Patients in these cases have the right to expect professional conduct from their mental health professional. If that professional fails to provide such level of conduct, he or she is then liable for any harm that was caused.
- Improper Prescribing. When a mental health care professional prescribes the wrong type of medication or the wrong dosage of a medication, he or she is liable for the consequences. For example, if a psychiatrist prescribes the wrong type of medication to a patient suffering from depression and, as a result, that patient commits suicide because they were not properly treated, then the patient’s surviving family members may be able to sue that physician for the wrongful death of their loved one.
- Third-Party Liability Issues. Psychiatrists have a unique level of liability. Their patients disclose secrets and information that they wouldn’t otherwise make public. While a psychiatrist is required by law to keep this information secret, there are instances where they must break confidentiality – such as when it regards someone else’s safety. If a patient informs his or her psychiatrist that there is intent to harm or kill someone, the psychiatrist should report the conversation to the police. If the professional fails to do so and the individual is harmed or killed, the psychiatrist could be held liable. In this type of case, the victim’s family would have to prove that the psychiatrist was explicitly told about the threat of harm, and that he or she believed that the patient was truthful.
The Burden of Proof Lies on the Patient
Just like other medical malpractice claims, psychiatric malpractice claims require that the patient prove that the psychiatrist failed to perform responsibly within his or her duties. To do this, the patient must establish that:
- There was a patient-provider relationship.
- The psychiatrist acted negligently or irresponsibly in some way, such as breaching the standard of care that other health care professionals in the same position would not have done.
- Because of that breach of care, the patient suffered an injury. There must also be damages associated with that harm, such as medical bills, pain and suffering, loss of earning capacity, etc.
Speak with an Attorney Regarding Your Case
If you feel your mental health professional caused you harm or violated your doctor-patient relationship, you may have a valid malpractice claim. Discuss your case and explore your options today by contacting Gladstein Law Firm, PLLC for a free consultation at 502-791-9000, or fill out our online contact form with your questions.
