Psychiatric malpractice claims are similar to most other medical malpractice claims in that a health care provider’s negligent or wrongful actions caused their patient to sustain injuries and subsequent damages. When a psychiatrist fails to perform their duty to the patient, the patient can suffer mental, emotional, and physical harm. Navigating psychiatric malpractice claims can get complicated. The medical malpractice attorneys at The Law Offices of Cardaro & Peek are ready to work with you to help you seek compensation under the law.
The Exploitation of Trust and Abuse of Power
Psychiatrists hold a position of power over their patients. When they misuse their control over a vulnerable patient, crossing boundaries that a professional should never commit, that could be grounds for one a psychiatric malpractice claim. Some examples of exploitation of patient trust include: sharing information without patient consent, using unnecessary restraints, verbally or physically abusing the patient, and engaging in a sexual relationship with the patient.
Just like physical health conditions, misdiagnosis of a mental health condition can happen. This does not mean an incorrect diagnosis is any less harmful when a psychiatrist makes them. Any other reasonable competent psychiatrist under similar circumstances would have made a correct diagnosis to get the patient proper care and treatment sooner. An improper diagnosis can lead to unnecessary and delayed treatment, which can leave patients in worse conditions.
Similar to making an improper diagnosis, prescription errors committed by a health professional could also be grounds for a psychiatric malpractice claim. Psychiatrists must ensure that they prescribe the correct medication in the proper dosage to treat their patients’ conditions.
While doctor-patient confidentiality exists between a psychiatrist and their patients, the psychiatrist must report certain dangerous signs of thought or behaviors. This is a mandatory requirement imposed by Md. Cts. & Jud. Proc Code Ann. §5-609. Under the statute, a mental health provider is liable for violent behavior of his patients when he had actual knowledge of the patient’s propensity for violence and the patient indicated to the provider in some way that he intended to harm a specific victim. If a psychiatrist fails to report these signs to the authorities, and a patient injures another person or themselves, they might be liable for malpractice.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers 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.