A psychiatrist can be considered negligent for, in administering health care services, failing to act as other reasonably competent psychiatrists would have acted under similar circumstances. In medical malpractice lawsuits, patients must prove two things to demonstrate negligence: standard of care, and. breach of the standard of care.
The attorneys at Morgan & Morgan are familiar with the devastating effects psychiatric malpractice or negligence can have on a patient and/or their family. A psychiatrist, as a medical professional, owes patients and their families, a certain duty of care. If this duty of care is broken, patients may be further traumatized, develop a fear of seeking help, or commit suicide.
A psychiatrist or a medical health facility cannot freely distribute the records on the patient to anyone, nor share it on a personal level. Do I Need a Lawyer for a Mental Health Malpractice Case? If you think you have been involved in an incident that could result in a mental health malpractice lawsuit, you should contact an experienced ...
Jun 24, 2015 · When to Sue Your Psychiatrist for Malpractice ... You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of …
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The same defenses for a medical malpractice case often work for mental health malpractice as well. The most common defenses are: 1. Statute of Limi...
If you have suffered from injuries as a result of mental health visits, or have been accused of mental health malpractice, the advice and counsel o...
Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...
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You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...
Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...
If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...
Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...
Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...
A medical malpractice attorney can collect evidence, conduct witness statements, and review doctor’s files to substantiate your claim and prove the causal connection between the breach of duty and injury. If you or someone you know has been the victim of psychiatric medical malpractice, you may have legal recourse.
To have a successful claim for medical malpractice or negligence, it must be established that: 1 There was a doctor/patient relationship in which the patient was owed a certain duty of care. 2 The practitioner violated that duty of care, either through negligence or exceeding permissible occupational boundaries. 3 The patient experienced pain, suffering, or death as a result of the breach. 4 There was a causal link between the breach and the injury suffered by the patient.
Although many claims for mental health malpractice are brought on an individual case basis, there are several common scenarios that show up more frequently than others in such cases. These include the following examples: 1 Misdiagnosing a patient (e.g., the mental health practitioner had another patient’s files when they diagnosed their current patient, which led to a misdiagnosis); 2 Providing incorrect treatment to a patient (this could stem from an initial misdiagnosis); 3 Negligent mishandling of a patient at a mental health institute; 4 Engaging in a sexual relationship or sexually abusing the patient; 5 Breaching the patient’s confidentiality (e.g., sharing patient files without their consent); 6 Verbally or physically abusing the patient; or 7 Failing to prevent the patient from committing suicide (especially if the mental health professional was aware of the patient’s intentions).
A rapidly growing field of malpractice lawsuits stems from a category known as “mental health malpractice.”. A mental health malpractice claim may arise when a mental health practitioner (e.g., a psychiatrist) treats their patient in a negligent manner or abuses the power that they have over them as a professional.
For example, a doctor who fails to treat their patient properly and as a result, ends up making the patient worse, could be sued for medical malpractice .
Regents of the University of California, held that mental health providers do have a duty to protect individuals that may be at risk of bodily harm based on information learned from their patients.
One of the primary rights that patients should know about is the right to refuse treatment. Regardless of whether the patient was committed to a mental health facility voluntarily or involuntarily, according to the law, a patient always has a right to refuse treatment. However, there may be some exceptions.
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.
Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.
In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education.
Breach of Duty: The physician must have violated their duty to the patient.
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.