Category: Medical Malpractice

Psychiatric care is an essential component of the healthcare system, providing critical support to individuals dealing with mental health issues, such as depression, anxiety, schizophrenia, and bipolar disorder. When administered properly, psychiatric care can improve lives and help people regain stability. However, psychiatric care also carries significant responsibilities. Misdiagnosis, inappropriate treatment, medication errors, and failure to prevent patient harm can lead to serious consequences. In Georgia, medical malpractice cases involving psychiatric care are complex, often involving both medical and legal issues. Understanding how psychiatric care can lead to medical malpractice is vital for both patients and practitioners.

What Constitutes Medical Malpractice in Psychiatric Care?

Medical malpractice occurs when a healthcare provider’s negligent actions or omissions result in injury or harm to a patient. In the context of psychiatric care, malpractice may involve failure to provide the standard of care expected from a competent psychiatric professional. Psychiatric malpractice often arises from the following areas:

• Misdiagnosis or failure to diagnose: One of the most common forms of psychiatric malpractice is the failure to correctly diagnose a mental health condition. Mental illnesses are often difficult to diagnose due to overlapping symptoms, but a reasonable standard of care requires thorough evaluation, accurate diagnosis, and appropriate treatment plans. A misdiagnosis can lead to improper or unnecessary treatments, further deteriorating the patient’s condition.
• Medication errors: Psychiatrists frequently prescribe medications such as antidepressants, antipsychotics, and mood stabilizers to manage mental health disorders. Incorrectly prescribed dosages, failure to monitor the patient’s response to the medication, or dangerous drug interactions can cause serious harm, including worsening of symptoms, physical health complications, or even death.
• Failure to prevent suicide or self-harm: One of the most severe risks in psychiatric care is patient suicide or self-harm. Psychiatric professionals have a duty to assess the risk of suicide or self-harm, especially if the patient has expressed such thoughts or behaviors. If a psychiatrist fails to provide appropriate intervention or does not take sufficient steps to ensure the patient’s safety, this may result in malpractice.
• Neglect of patient care: Psychiatric patients, especially those in inpatient facilities, are often vulnerable and require attentive care. Neglect may include failure to observe a patient’s condition, failing to provide necessary therapy, or not responding promptly to a patient’s deteriorating mental state. This neglect can result in physical harm, mental trauma, or even fatal consequences.
• Failure to obtain informed consent: Psychiatric care can involve treatments that carry significant risks, including electroconvulsive therapy (ECT) or certain medications with severe side effects. The healthcare provider must fully inform the patient or their guardian of these risks before proceeding with treatment. Failure to obtain informed consent can lead to legal consequences and allegations of malpractice.

The Impact of Misdiagnosis in Psychiatric Malpractice

Misdiagnosis is widespread in psychiatric malpractice cases. Many mental health conditions share similar symptoms, making diagnosis a complicated process. However, this does not excuse a psychiatrist from their duty to carefully evaluate a patient. If a patient with severe depression is misdiagnosed with anxiety and prescribed inappropriate medication, the result could be an exacerbation of symptoms or even suicidal thoughts. Similarly, a patient misdiagnosed with schizophrenia might undergo years of unnecessary and harmful treatment that worsens their condition.

Moreover, misdiagnosing psychiatric conditions can also cause emotional distress. Patients may lose faith in the healthcare system, preventing them from seeking future treatment. In cases where the misdiagnosis leads to severe mental or physical harm, the psychiatrist or healthcare provider may face medical malpractice claims.

Medication Errors and Their Dangers

Psychiatric medications can be powerful tools when used correctly, but they can also be dangerous if prescribed or administered improperly. Psychiatrists must carefully assess a patient’s medical history, potential drug interactions, and the specific needs of their condition. For example, prescribing an antipsychotic to a patient with an underlying heart condition without considering the cardiovascular risks may result in significant harm or death.

Another common issue arises when psychiatrists fail to adjust medications as needed. Patients with mental health disorders may experience changes in their symptoms over time, requiring changes in their treatment plans. Failing to monitor or adjust the dosage appropriately can lead to adverse side effects or worsening mental health conditions.

In some cases, healthcare providers may prescribe medications without considering their addictive properties, leading to issues such as dependency or abuse. This can lead to further medical complications and expose the psychiatrist to malpractice claims.

The Duty to Prevent Suicide or Self-Harm

One of the critical responsibilities of psychiatric care providers is assessing and managing the risk of suicide or self-harm in patients. Failure to recognize the warning signs or take preventative measures can result in tragic outcomes. Psychiatrists are expected to conduct thorough risk assessments, particularly when dealing with high-risk patients, and implement interventions such as hospitalization or close monitoring when necessary.

In a psychiatric malpractice case involving suicide, the legal question often revolves around whether the psychiatrist should have reasonably foreseen the risk and taken more decisive action. If the psychiatrist failed to act on clear signs of suicidal ideation or self-harm, they could be held liable for malpractice.

Patient Neglect in Inpatient Psychiatric Care

Inpatient psychiatric facilities are designed to provide 24-hour care for individuals with severe mental health conditions. However, some facilities may fail to provide adequate care due to understaffing, lack of resources, or negligence. Patients in these settings may be vulnerable to physical abuse, neglect, or emotional trauma. Failing to provide the necessary medical and emotional support can lead to worsening symptoms, physical injuries, or even death.

In cases of patient neglect, medical malpractice claims may arise if the healthcare providers fail to offer the standard of care that would reasonably be expected in such a facility. This could include not responding to a patient’s deteriorating condition or allowing abusive practices to continue within the facility.

Legal Recourse for Victims of Psychiatric Malpractice

Victims of psychiatric malpractice in Georgia have legal options. Filing a medical malpractice claim can help recover compensation for damages, such as medical expenses, lost wages, pain and suffering, and emotional distress. These cases, however, can be complex and often require expert testimony to establish that the psychiatric professional’s negligence directly led to the patient’s harm.

When considering filing a malpractice claim, it is essential to consult with experienced legal professionals who understand the nuances of psychiatric care and malpractice law. A qualified attorney can assess the case details, gather evidence, and advocate for the victim’s rights to pursue justice.

Contact the Savannah Medical Malpractice Lawyers at Kicklighter Law for Experienced Legal Support

If you or a loved one has suffered harm due to psychiatric malpractice, you may be entitled to compensation. The experienced Savannah medical malpractice lawyers at Kicklighter Law are here to help you navigate the complexities of medical malpractice claims. Call 912-754-6003 or complete our online form for a consultation to discuss your case and explore your legal options. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

When a healthcare worker commits a negligent act, makes errors in treatment, or omits information that leads to injury, you are dealing with medical malpractice. Unfortunately, even with the years of training and education healthcare workers must complete, there are thousands of medical malpractice cases each year in America. Consider the following types of malpractice and how we can help you:

Errors in Prescription of Medication

One of the many advancements of the medical world we live in is the effectiveness of prescription medicine. It can cure conditions and diseases that were deemed fatal to our ancestors. However, these medications are only effective if they are accurately prescribed. If your doctor has prescribed the wrong medicine or failed to prescribe medicine for your condition, you may have a medical malpractice case.

Improper Treatment or Failure to Treat

When you receive a diagnosis, you want to hear how to get better. You trust the doctor that diagnosed you to create a treatment plan that will efficiently eliminate your condition. But, if the doctor fails to treat your condition or orders the incorrect treatment, you are not being given the highest standard of care.

Injuries to Mother or Baby During Birth

Having a child is an exciting time! Many couples tour hospitals, interview midwives or doctors, and choose the best option available. When the time comes to have your baby, the last thing you want to happen is something to go wrong. Frustratingly, doctors or midwives can accidentally injure the mother or baby during birth. If this occurs, a medical malpractice case may ensue.

Surgical Errors or Mistakes

One of the biggest misconceptions about errors during surgery is that if the patient signed a consent form, he or she cannot sue. This is not always the case. Just because a patient signs a consent form does not mean that the surgeon shouldn’t be held accountable. Surgical mistakes can alter a person’s life, and we are here to help you navigate this legal journey.

These are only four of many different types of medical malpractice. If you endured medical malpractice, don’t hesitate to contact the attorneys at Kicklighter Law. We want to help you on your recovery journey and hold those responsible for their actions.

Medical malpractice is a serious claim, and one that should be made by an expert lawyer. Unfortunately, many people misunderstand what medical malpractice entails so they are unsure if they have a case. Allow us to explain medical malpractice, medical negligence, intent, and how an experienced medical malpractice lawyer can help.

Medical Malpractice Details

There is a fine line between malpractice and medical negligence, and that fine line is referred to as “intent.” Discover the details:

Malpractice occurs when a healthcare provider breaches his duty of care to the patient and an injury is sustained because of it. Not all healthcare-related injuries rise to the serious level of malpractice. It’s possible your injury will be considered negligence which should still be compensated.

Duty of care encompasses the actions that should have been taken based on what other healthcare providers would have done in the same situation. (Duty of care can be difficult to prove if your attorney is not extremely knowledgeable and experienced with malpractice cases!)

Intent has everything to do with the doctor’s knowledge of his actions. If the doctor knew he should have helped the patient and knew that his lack of effort would harm the patient, intent is present. The presence of intent is the major difference in a malpractice and negligence case.

Negligence occurs when a healthcare provider unintentionally makes a mistake such as leaving surgical equipment inside your body. Medical negligence can still cause injuries, and it’s vital to take your case to an experienced lawyer.

Mickey Kicklighter Can Help with Your Malpractice Case in Chatham County and Surronding Areas. Call Now

If you’ve been injured due to a healthcare provider’s negligence, it’s important to hold the accountable party responsible. This ensures his negligent actions won’t affect other people in the future and you can get compensated for your experience. Talk to Mickey Kicklighter, your malpractice attorney, today: 912-754-6003.

Medical malpractice occurs when a healthcare worker commits a negligent act which leads to an injury or death. Frustratingly, even with years of training and education, accidents still occur! Discover several steps to take to decrease your risk of medical malpractice:

Over-Communicate to Your Doctor

Whether you’re seeing your primary doctor for the 30^th time or you’re seeing a new doctor for the first time, it’s important that they know about any changes that have taken place in your health. Discuss the medicine you are taking, symptoms that are present, and any allergic reactions you’ve had from medicine. The more your doctor knows about your health, the better he can keep you safe in the medical setting.

Ask Questions

Trained professionals often have their own jargon that is difficult to understand to people who are not in the medical industry. That’s why if there is anything that your doctor or surgeon says that you don’t understand, ask them to clarify or explain it in simpler terms. It’s important that you know exactly what’s going on to ensure safety.

Research Your Condition

If you have been diagnosed with an illness or condition, conduct your own research. Knowledge is powerful when dealing with health and it will better equip you to discuss treatment options with your doctor.

Get a Second Opinion

If your doctor is suggesting a procedure or treatment option that you’re uncomfortable with, ask for a second opinion. If several doctors are suggesting the same treatment option, you can feel more confident about the decision. Don’t feel rushed when it comes to making important decisions about your health.

How Mickey Kicklighter Can Help with Medical Malpractice

Did you know that medical malpractice is the 3^rd leading cause of death in the United States? That statistic is alarming and needs to be changed. We can change that statistic by making sure that medical professionals are held accountable to their actions. If you’ve been the victim of medical malpractice, don’t hesitate to reach out to Mickey Kicklighter for legal representation.

Call us today: 912-754-6003.