Like anywhere else, America has its fair share of people who seek mental medical help. Thousands and thousands of people across the nation seek treatment each year.
Like anywhere else, America has its fair share of people who seek mental medical help. Thousands and thousands of people across the nation seek treatment each year.
According to the Journal of the American Medical Association, medical malpractice is the number three cause of death in the United States, coming in behind cancer and heart disease. And according to the Civil Justice Resource Group, every year, there are between 65,000 and 200,000 deaths caused by medical accidents. Psychiatric medical malpractice is as common as malpractice in other medical fields and it often involves more than just the conventional doctor or patient.
Psychiatric Malpractice Claims
Psychiatric malpractice claims often include:
- Improper diagnosis and/or treatment
- Failure to warn about a threat or danger to others
- Failure to prevent suicide
Suicide risk assessments must be conducted by all psychiatrists for patients that may be suicide risks. Factors that they need to take into consideration include patient history, age, living standards, employment, and sexual orientation, among other things. If one of these assessments is not conducted for an at-risk patient, and that patient intentionally harms themselves, the psychiatrist may be liable.
Similarly, if the assessment is conducted and it is determined that the patient is at suicide risk, the psychiatrist must make sure that they take all steps necessary to prevent this from taking place. If the doctor fails to take necessary steps, they may be considered negligent and held liable for the incident.
Court ruling has stated that if a doctor is told by their patient about harming another person, it is the doctor’s duty to warn this person of the potential threat. While this is a difficult situation, if someone is killed or seriously hurt by a patient who made remarks about harming that person, the doctor may be held liable.
When can You Sue a Psychiatrist?
Three types of malpractice cases exist and they have special relevance to the psychiatrist-patient relationship. They include improper prescriptions, exploiting the trust relationship, and third party liability.
Harm Caused by the Negligence
To win a medical malpractice lawsuit, it is necessary for the patient to prove that the negligence of the psychiatrist caused foreseeable harm. This harm can come in a number of forms, including:
- pain and suffering
- loss of capacity to earn
- cost of treatment in the future
- loss of the ability to enjoy life
The issue that is critical is whether the harm was actually caused by the negligence. It can be difficult to prove this causal link, and this is another element that can be established in the best way through a trained expert’s professional opinion.
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The Mets have not won a World Series in many years, RMFW Law wins legal championships all the time.
If you or a loved one has suffered harm as a result of the negligent actions of a psychiatrist, you should immediately seek the help of one of the qualified medical malpractice attorneys at the RMFW Law at 212-344-1000.
RMFW Law knows how to win cases. We win cases all the time. We know what it takes to win and we do not buckle under pressure.
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Have you been harmed due to your psychiatrist’s negligence? Contact an experienced NY malpractice lawyer to find out if your doctor can be held liable for the damages you suffered.
