Yes, psychiatrists can be sued for medical malpractice

Sunday November 25, 2018

Some people don’t think of psychiatrists as “doctors.” And when you think of medical malpractice, you think of a botched surgery, a childbirth tragedy or an undiagnosed tumor.

Psychiatrists are physicians and they can be sued for malpractice if their professional negligence causes lasting harm to a patient. Here’s a look at some of the ways that psychiatric malpractice may occur.

What might constitute psychiatrist malpractice?

A psychiatrist is an M.D. That means they obtained a medical school degree and served a residency, the same as a surgeon or any physician. They are bound by the same professional oaths and the by standards of their medical discipline. In a medical malpractice lawsuit, you have to prove that a doctor (1) deviated from the standard or breached the doctor-patient trust and (2) caused measurable and significant harm.

A recent article in Psychology Today lays out some examples of errors or misconduct that might be grounds for psychiatric malpractice:

  • Failing to prevent a patient’s suicide
  • Failing to diagnose a serious mental condition
  • Failing to warn individuals or law enforcement when their patient threatens bodily harm
  • Prescribing or administering medication without informed consent
  • Creating false memories of abuse
  • Ordering improper treatment, such as shock therapy
  • Engaging in sexual relations with a patient

A key component — what was the harm?

Misconduct or professional negligence does not automatically constitute malpractice. Having sex with a patient is forbidden because it breaches the doctor-patient trust. It would certainly result in sanctions against their medical license. But a malpractice lawsuit would have to show that the patient was not able to give consent because of their vulnerable state, and it would have to demonstrate the resulting harm, such as depression, panic attacks or self-harm.

In the case of failing to identify suicide risk, the wrongful death lawsuit would have to demonstrate what signs or steps the psychiatrist missed. In the case of improper medication or treatment, there must be evidence of physical injury or mental suffering. False memories would require estrangement from family or other adverse fallout, such as “deprogramming” therapy to undo the damage. And so on.

Every situation is unique. An attorney who handles medical malpractice can help to determine if there is a viable legal case for psychiatric malpractice.

Get in Touch

Schedule a Free Initial Consultation

At Kennedy, Johnson, Schwab & Roberge, L.L.C., we handle all cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today.

News & insights
Brain Injury Awareness Month: March 2023
News

Brain Injury Awareness Month: March 2023

16

March
2023

Dram Shop Laws in Connecticut
ArticlesInsights

Dram Shop Laws in Connecticut

28

February
2023

The Leading Causes of Motor Vehicle Accidents
Articles

The Leading Causes of Motor Vehicle Accidents

20

February
2023

Upcoming Bipartisan Congressional Bills Focused on Protecting Children Online
News

Upcoming Bipartisan Congressional Bills Focused on Protecting Children Online

20

February
2023

KJSR Files Suit Against Meta Platforms Inc., Snap Inc.
News

KJSR Files Suit Against Meta Platforms Inc., Snap Inc.

6

February
2023

Wrong Way Accidents: What They Are and How They Occur
Insights

Wrong Way Accidents: What They Are and How They Occur

23

January
2023

Crosswalk Laws in Connecticut
Articles

Crosswalk Laws in Connecticut

6

January
2023

How Long Do You Have To File a Medical Malpractice Lawsuit?
Articles

How Long Do You Have To File a Medical Malpractice Lawsuit?

5

December
2022

Where Does Liability Fall in a Scaffolding Accident?
Articles

Where Does Liability Fall in a Scaffolding Accident?

23

November
2022

The Leading Causes of Intersection Accidents
Articles

The Leading Causes of Intersection Accidents

18

November
2022