With the economic crisis and stock market falling day after day taking away the hard fought earnings and jobs of people in California and around the world, more and more people are becoming depressed and turning to psychiatrists for help. It doesn't matter where you live in California, be it in San Diego, CA, Orange County, Los Angeles, Santa Barbara, Anaheim, Buena Park, Indian Wells, in Ventura, Carlsbad, Oceanside, La Jolla, Del Mar, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Irvine, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, or Palm Desert, psychiatric help may be needed by all of us if the economic crisis becomes much worse.
Mental health professionals can commit malpractice or fail to meet the standard of care in a number of situations. However, they are accused in many more in which there is no malpractice and where they do meet the standard of care.
The type of situation in which psychiatrists most clearly commit malpractice is where the mental health professional enters into a sexual relationship with the patient while the patient is still under their care. Unfortunately this claim is made by patients more times than it is true.
Another type of situation in which a psychiatrist is accused of malpractice is where he or she prescribes medication that is incorrectly or improperly prescribed. If a psychiatrist neglects a patient that he or she knows to be suicidal, there can also be legal liability.
A psychiatrist can reduce their chances of being sued for malpractice and reduce the chance of being found liable if they are sued by documenting good clinical judgment when treating suicidal patients. The same thing that can help an attorney in defending himself against malpractice claims is extensive notes and correspondence. Careful clinical assessment for the psychologist is the key, backed up by proper documentation.
Another key for the psychiatrist who is treating a patient who is suicidal is to obtain the patient's prior medical records. Following proper discharge procedures is also important.
In order for psychiatrist malpractice to have occurred, there must have been a doctor-patient relationship, there must have been a breach of reasonable care by the psychiatrist, harm must occur, and there must be a causal link between the harm and the psychiatrist's negligence.
The standard of care for a psychiatrist varies from state to state, but in general, it is that degree of skill, care and diligence practiced by other members of the same profession or specialty in your locality and in light of the current state of medical science.
If you are a psychiatrist and are under investigation by your state board for complaints and accusations or malpractice suits, speak to a mental health malpractice attorney as soon as possible.
Juries evaluate a psychiatrist and look to determine if he or she is competent, caring and diligent. If they determine that the psychiatrist is all of these things, and if the psychiatrist documented his or her best clinical judgment in their treatment of the patient, they may give the psychiatrist the benefit of the doubt and the discretion to exercise their best judgment.
