What Are Patients’ Rights When it Comes to Malpractice in Mental Health Care?
Patients who are suffering from mental health disorders like depression, anxiety, schizophrenia, and bipolar disorder deserve the same degree of professionalism and high-quality care as patients who are being treated for a physical illness like cancer, heart disease, diabetes, or any other medical condition. Unfortunately, many mental health professionals fail to provide the standard of care expected from a competent, caring, and experienced psychiatric professional. This can have a devastating impact on the patient’s mental, and even physical health, particularly if negligence is involved.
If you or a loved one has been the victim of malpractice while under the care of a psychiatrist or other mental health professional, do not hesitate to contact an experienced psychiatric medical malpractice lawyer at your earliest convenience.
What Is Considered Malpractice in Psychiatric Care?
All mental health professionals are expected to provide the standard of care, which refers to the treatment another mental health professional would provide under similar circumstances. A failure to provide the standard of care is considered malpractice. The following are examples of malpractice in psychiatric care:
- Misdiagnosis or a Failure to Diagnose: This is one of the most common forms of psychiatric malpractice. It can be challenging to diagnose a mental health condition, particularly when many symptoms overlap. However, the standard of care requires mental health professionals to thoroughly evaluate patients, provide an accurate diagnosis, and recommend an effective treatment plan. A misdiagnosis, or a failure to diagnose, can prevent the patient from benefiting from the proper treatment and may even cause a patient’s condition to deteriorate further.
- Medication Errors: There are a range of medications that a mental health professional may prescribe to manage a mental health disorder. If a psychiatrist prescribes an incorrect dosage, the wrong medication, or prescribes a medication that has a dangerous interaction with a medication the patient is already taking, this could have potentially devastating consequences.
- Failure to Obtain Informed Consent: Certain treatment protocols, including electroconvulsive therapy (ECT) and certain medications, can have severe side effects. If the healthcare provider fails to inform the patient before proceeding with treatment, this can have serious legal consequences.
- Abuse of Power: This occurs when a mental health professional exploits their position of authority over a fragile or vulnerable patient. Examples include verbal or physical abuse, sexual misconduct, unnecessary use of restraints, and any other behavior that could cause harm to the patient’s mental or physical health.
- Neglect of Patient Care: If a mental health professional fails to properly observe, treat, or respond to patients’ needs in a timely manner, this can result in trauma and physical harm. In extreme cases, this can have fatal consequences.
- Failure to Prevent Suicide: Patients suffering from severe mental health conditions often have thoughts of suicide or self-harm. It is the psychiatrist’s responsibility to identify a patient’s deteriorating mental state and take the necessary steps to protect the patient’s safety and prevent a tragic suicide.
How Do I Establish Liability in a Psychiatric Malpractice Case?
Like any other medical malpractice case, you will need to prove that your mental health professional actions are considered malpractice. To do this, you will need to prove the following four elements of negligence:
- Duty of Care: You must be able to prove that a doctor-patient relationship exists by obtaining medical records, bills, and other documentation.
- Breach of Duty: You will need to show that your mental health professional breached the duty of care by failing to provide the standard of care expected in similar circumstances. You can obtain an affidavit from a competent medical practitioner explaining how your mental health professional deviated from the standard of care.
- Causation: You must also prove that the breach of care caused your injuries or harm.
- Damages: Finally, you must show that you suffered damages as a result of the harm or injuries.
The Savannah Psychiatric Medical Malpractice Lawyers at Kicklighter Law Advocate for Victims of Psychiatric Malpractice
If you were the victim of malpractice while under the care of a mental health professional, do not hesitate to contact the Savannah psychiatric medical malpractice lawyers at Kicklighter Law. We will protect your legal rights, assist you with the claims process, and pursue the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.