According to the American Medical Association, more than 60% of doctors aged 55 and over in the United States have been sued at least once. Failure to diagnose was the leading cause of malpractice allegation in 2012. 10% to 20% of cases involved incorrect, delayed, or missed diagnosis.

According to an infographic by Diederich Healthcare, in 2012, there were 12,142 malpractice payouts made. While people mostly associate medical malpractice with physicians, nurses, etc. psychiatric doctors too make up a part of the numbers in medical malpractice cases in the U.S.

In the professional healthcare field, the relationship between a psychiatrist and patient is one of the most intensely personal relationships. As a result, any misstep or error on the part of the psychiatrist can have dire consequences for the patient. Also, like any other doctor or healthcare professional, if a mistake results in harm to the patient, a psychiatrist may be liable for medical malpractice.

When can a psychiatrist be sued?

Three types of medical malpractice cases are especially relevant to the relationship between a psychiatrist and patient. These include improper prescription, the exploitation of the psychiatrist-patient trust relationship, and third party liability.

Exploitation of the psychiatrist-patient trust relationship – What occurs when a psychiatrist takes advantage of their position of power or trust, and starts crossing boundaries? For example, sleeping with a patient. It is clear that many provisions of the psychiatrist’s code of ethics have been broken. But the question is – can the psychiatrist be sued for medical malpractice?

In most cases, the answer to this question is yes. A patient has a right to expect professional and competent conduct from a psychiatrist. If that standard is not met by the psychiatrist’s conduct and the patient is harmed, the psychiatrist will be liable for that harm. There are many different forms of harm that can result from a breach of trust, with emotional harm being the most common.

Improper prescriptions – There can be serious consequences when the wrong medication is prescribed or the wrong dosage of the right medication is given. For precisely this reason, all doctors, psychiatrists included, need to exercise care when they prescribe medications. If an improper prescription harms a patient, the psychiatrist will be held responsible for the harm caused, assuming that other reasonable competent psychiatrists would not have made the same mistake under the same circumstances.

Third party liability – Take a scenario where a patient informs a psychiatrist that they are planning to kill someone. The psychiatrist tries to persuade the patient otherwise, but believes that they will commit the act. The psychiatrist should report the conversation to the police, but there are strict rules of confidentiality that apply to the psychiatrist-patient relationship.

Let us assume that the confidentiality is honored by the psychiatrist and does not inform the police, and the patient commits the murder. Can the victim’s family file a lawsuit against the psychiatrist for not reporting the conversation to the police? It is a close call and varies from state to state, but it is most likely that the answer is yes.

The Top Law Firm in the City

If you or a loved one has been harmed by the mistakes made by a psychiatrist, you should immediately see the help of the medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

We are the most outstanding law firm in the city. We have worked hard to reach this position and we have an extended line of satisfied clients. We have won millions of dollars for past clients and this is because we know how to build a fantastic case and we know what a winning case looks like. If your case viable, we will be happy to prove ourselves to you. Give us a call.