Mental Health / Psychiatric Malpractice Lawyers
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People who seek treatment from psychiatrists are often emotionally vulnerable, and in some cases, mentally unstable. For these reasons, psychiatrists need to be diligent in evaluating and treating patients to prevent symptoms from worsening or causing patients to attempt suicide.
If a psychiatrist fails to provide appropriate treatment, he or she could be found liable for psychiatric malpractice and the victim may be able to obtain compensation. Our experienced psychiatric malpractice lawyers can review your claim in a free consultation. If you have a case, you will not be charged for our services unless we secure a favorable result. We represent clients from all across the country.
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Common Types of Psychiatric Malpractice
Psychiatrists have a legal obligation to provide care that meets accepted standards in the medical community. In other words, psychiatrists must act in a similar manner to other psychiatrists who are in a similar situation.
When psychiatrists fail to meet their legal obligation and it causes injuries, they could be found liable for psychiatric malpractice. Common examples of psychiatric malpractice include:
- Failing to properly supervise patients with a high suicide risk
- Sending patients to mental health facilities when it is not necessary
- Negligently prescribing antipsychotic medication
- Physical abuse
- Humiliating patients
- Using a patronizing tone with patients
- Having sex or engaging in a romantic relationship with a patient
- Misdiagnosis of a mental illness
- Failing to diagnose a mental illness
- Failing to obtain consent for treatment
- Holding down or restraining patients
If a patient commits suicide, the psychiatrist could be held liable for medical malpractice if he or she failed to do any of the following things:
- Conduct an appropriate suicide risk assessment
- Document all of the patient’s suicide attempts
- Recognize signs a patient is a suicide risk
- Warn a third party of the risk of suicide
If a psychiatrist abused you or caused your mental state to worsen, or if your loved one committed suicide while being treated, you may be able to pursue legal action.
Our psychiatric malpractice lawyers have a thorough understanding of the legal obligations of psychiatrists. We know how to prove malpractice and pursue fair compensation.
Elements of Psychiatric Malpractice
If you want to pursue a psychiatric malpractice claim, you need to do more than show your psychiatrist did not do a good job treating you. Your claim must satisfy four legal standards to have a chance of securing compensation:
- Provider-patient relationship – Your psychiatric malpractice lawyer must show a psychiatrist provided treatment and you agreed to be treated. This establishes duty of care, or the legal obligation to perform within accepted medical standards.
- Breach of duty of care – Your psychiatrist breached duty of care through his or her intentional or negligent actions.
- You were harmed – During the course of treatment, the victim committed suicide or suffered emotional injuries, memory loss, worsening of symptoms or other injuries.
- Your injuries were caused by the breached duty of care – Your psychiatric malpractice lawyer must prove a causal relationship between the psychiatrist’s actions and your injuries.
Establishing the four elements of medical malpractice requires an extensive investigation to gather evidence. This can be particularly challenging considering the fact that psychiatric injuries are not as readily apparent as physical injuries.
These are all reasons why you need an experienced psychiatric malpractice lawyer to help you through the legal process. The attorneys at Janet, Janet & Suggs, LLC understand the complexities of medical malpractice claims and know how to build solid cases.
Schedule a Free Consultation with a Psychiatric Malpractice Lawyer
Many psychiatrists provide the counseling and support people need to overcome or learn how to manage emotional or behavioral challenges.
Unfortunately, some psychiatrists have the opposite effect on their patients, resulting in further psychological trauma or suicide.
When this happens, victims and their families may be able to pursue a medical malpractice claim to recover compensation for the damages the psychiatrist has caused.
Our psychiatric malpractice lawyers can review your claim for free and help you through every step of the legal process. We are aggressive negotiators who will do everything in our power to obtain all of the compensation you are entitled, which could include medical expenses, pain and suffering, and lost wages.
We work on a contingency fee basis, which means we do not receive compensation unless our clients do first.