A psychiatrist is a medical professional, and therefore likely to be held responsible for medical malpractice. Learn more about the possible medical malpractice cases that could develop from the psychiatrist-patient relationship and discover what a patient must prove to win a lawsuit against a psychiatrist.
Relevant Malpractice Cases
The following are possible types of medical malpractice cases that could result from the psychiatrist-patient relationship.
- The exploitation of trust. Psychiatrists maintain a position of trust with their patients and must adhere to a strict standard of ethics. A patient may pursue a medical malpractice claim if the psychiatrist takes advantage of their trust or power.
- Prescribing the wrong medication. All doctors, including psychiatrists, are trusted to prescribe the correct medication (or correct dosage) to their patients.
- Third party protection. The laws of third-party liability vary from state to state, but psychiatrists, in general, have an obligation to protect third parties that may be in immediate danger. If a psychiatrist knows that their patient is intending to harm another individual, they may be held responsible if they neglect to take necessary action.
Proving Medical Malpractice
To pursue a successful psychiatric malpractice case, patients must prove the following elements.
- A doctor-patient relationship occurred. A doctor-patient relationship exists when a psychiatrist or mental health professional provides treatment to a patient. Pertinent documentation includes treatment records, medical bills, and other documents.
- The psychiatrist was negligent. Psychiatrists can be considered negligent if they fail to act as any other competent psychiatrist would have acted in a similar situation. The patient should prove that there was an obvious breach in the standard of care.
- The patient was harmed. To win a medical malpractice case, the patient should be able to prove that the psychiatrist caused harm. Harm can include suffering, cost of treatment, loss of earning capacity, loss of quality of life.
Contact The Law Offices of Cardaro & Peek, LLC Today
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.