Harmed by a Psychiatrist’s Negligence? You’re Not Alone

Mental health care is an important and often overlooked part of everyone’s wellness. 

For many individuals, psychiatrists are trusted professionals responsible for guiding them through some of life’s most difficult challenges. 

When a psychiatrist fails to meet professional standards, however, whether through misdiagnosis, negligence, improper medication, or abuse, the consequences can be devastating. 

At Morgan & Morgan, we believe that when a mental health provider violates that trust, victims deserve justice.

Psychiatric malpractice is a complex and deeply personal form of medical negligence. If you or a loved one suffered harm due to a psychiatrist's actions or inaction, you may have legal recourse. 

If you or someone you love has been subjected to psychiatric malpractice, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

What Is Psychiatric Malpractice?

Psychiatric malpractice is a specific form of medical malpractice that occurs when a psychiatrist fails to provide an appropriate standard of care, resulting in harm to the patient. Unlike some other forms of medical negligence, psychiatric malpractice often involves emotional, psychological, and sometimes physical harm. It may also overlap with issues such as abuse of power, breach of confidentiality, or inappropriate relationships.

To constitute malpractice, the psychiatrist’s conduct must deviate from accepted medical standards in a way that causes injury or damages. Malpractice cases can be difficult to pursue because they often require expert testimony to prove negligence and causation.

Common Examples of Psychiatric Malpractice

Psychiatric malpractice can take many forms. Below are some of the most common examples our attorneys see:

Misdiagnosis or Failure to Diagnose

When a psychiatrist fails to correctly diagnose a mental health condition or misses it altogether, the patient may not receive the proper treatment. Misdiagnosis can lead to worsening symptoms, inappropriate medication, and even suicide.

For example, imagine a psychiatrist misdiagnoses bipolar disorder as depression, leading to the prescription of antidepressants that trigger a manic episode.

Medication Errors

Psychiatrists are responsible for prescribing and monitoring psychotropic medications. Improper dosages, dangerous drug combinations, or failure to consider a patient’s history can result in serious harm, including seizures, suicidal thoughts, or even death.

If a patient is prescribed a medication that interacts fatally with another drug that the psychiatrist failed to check for, this may be grounds for a psychiatry malpractice claim.

Improper Use of Restraints or Involuntary Commitment

Patients with severe mental illness may be hospitalized or restrained for their safety. However, when restraints are used excessively or involuntarily committed patients are not given due process, their civil rights can be violated.

For example, a psychiatrist holds a patient against their will without proper justification or legal procedure.

Failure to Prevent Patient Suicide or Harm to Others

Psychiatrists have a duty to assess suicide risk and take appropriate steps, including hospitalization or notifying authorities. Failure to act when warning signs are present can constitute negligence.

For instance, a patient tells their psychiatrist they’re planning to die by suicide, but no action is taken, and the patient follows through.

Sexual Abuse or Exploitation

Due to the nature of psychiatric treatment, there is a significant power imbalance between patient and provider. Any sexual relationship between a psychiatrist and patient is considered unethical and, in many cases, illegal.

If a psychiatrist initiates a sexual relationship with a vulnerable patient under their care, this could cause long-term psychological harm.

Breach of Confidentiality

Psychiatrists are legally and ethically obligated to maintain patient confidentiality. Disclosing sensitive information without consent can be grounds for a lawsuit, especially if the disclosure leads to reputational or emotional harm.

Proving a Psychiatric Malpractice Claim

To bring a successful psychiatric malpractice lawsuit, you must prove the following legal elements:

1. Duty of Care

You must show that a professional relationship existed, establishing the psychiatrist owed you a duty of care.

2. Breach of Duty

This means the psychiatrist’s actions (or inaction) fell below the standard expected of a competent professional in their field.

3. Causation

You must demonstrate that the breach of duty directly caused your injury or harm.

4. Damages

You must prove that you suffered actual harm, such as emotional trauma, worsening mental health, financial loss, or physical injury, as a result of the psychiatrist’s negligence.

These cases often require expert testimony from another qualified psychiatrist to explain how the care deviated from accepted standards and how that deviation caused the harm.

Who Can Be Held Liable?

In most cases, the psychiatrist themselves will be the defendant in a psychiatric malpractice case. However, others may share liability:

• Hospitals or Clinics: If the psychiatrist was employed by a facility that failed to supervise or enforce proper care standards, the facility could also be liable.
• Mental Health Institutions: For abuses in institutional settings, including neglect or use of force, the institution may bear responsibility.
• Other Medical Professionals: In some cases, psychiatric malpractice involves a team of caregivers, any of whom may be found negligent.
  
   

Damages You May Be Entitled To

Victims of psychiatric malpractice may be eligible for compensation, including:

• Medical expenses: Costs related to additional treatment, therapy, or medication caused by the malpractice.
• Lost income: If your ability to work was impaired or you had to take time off to recover.
• Pain and suffering: Emotional distress, psychological trauma, and reduced quality of life.
• Punitive damages: In cases involving gross negligence, abuse, or willful misconduct.
• Wrongful death damages: If a loved one died by suicide or due to a psychiatrist’s failure, surviving family members may be entitled to damages.
  
   

Challenges in Psychiatric Malpractice Cases

Psychiatric malpractice claims can be especially difficult due to the sensitive and subjective nature of mental health. Several challenges may arise:

Stigma Around Mental Illness

Courts, juries, and even medical boards may be skeptical of claims involving psychiatric care. A strong legal team can help overcome this bias through expert testimony and clear documentation.

Proving Causation

It can be hard to prove that a psychiatrist’s actions caused the harm, especially in complex mental health situations where the patient may have preexisting conditions.

Statute of Limitations

There are strict time limits for filing psychiatric malpractice claims, which vary by state. In many jurisdictions, victims must file within 1–3 years of discovering the injury. That’s why it's essential to speak with an attorney as soon as possible.

What Is the Psychiatry Malpractice Process? What to Do if You Suspect Psychiatric Malpractice

If you believe you or a loved one is a victim of psychiatric malpractice, take the following steps:

• Document Everything: Save records, appointment notes, prescriptions, messages, and journal your symptoms or experiences.
• Seek Alternative Care: Find a new provider who can offer appropriate treatment and help assess the damage.
• Do Not Confront the Provider: Confronting the psychiatrist may complicate your legal claim or provoke retaliation.
• Contact an Experienced Malpractice Attorney: Legal support is crucial. At Morgan & Morgan, our psychiatry malpractice lawyers understand both the legal and emotional complexities of these cases.
  
   

Can I Sue a Psychiatrist for Emotional Distress?

Yes, if the distress is the result of negligence or misconduct, such as inappropriate treatment or abuse, you may have a valid claim.

Is It Malpractice if I Didn’t Get Better After Seeing a Psychiatrist?

Not necessarily. Mental health treatment is complex and outcomes vary. However, if your psychiatrist deviated from professional standards and caused harm, you may have a case.

Can I File a Psychiatry Malpractice Claim on Behalf of a Loved One?

Yes. Parents, guardians, or legal representatives may file on behalf of minors or adults who are incapacitated. Families may also file wrongful death suits if negligence led to a loved one’s suicide.

Does My Insurance Protect Me Against Psychiatry Malpractice?

No, your personal health or liability insurance does not protect you against psychiatry malpractice. If you’ve been harmed by a psychiatrist’s negligence, your insurance may help cover medical treatment or therapy after the fact, but it won’t compensate you for:

• Emotional distress
• Lost wages
• Ongoing psychiatric harm
• Pain and suffering

To seek that kind of compensation, you’ll need to file a psychiatric malpractice lawsuit against the responsible provider or institution.

Contact Morgan & Morgan Psychiatry Malpractice Lawyers Today

Your mental health matters. When a trusted provider fails you, whether through negligence, misdiagnosis, abuse, or unethical behavior, the fallout can be life-changing. You shouldn’t have to suffer in silence or face the legal system alone.

At Morgan & Morgan, we believe you deserve accountability and justice. Our psychiatry malpractice attorneys are here to listen to your story, investigate your claim, and fight for the compensation you deserve. 

As the nation’s largest personal injury law firm with law offices in every state, we’ve helped thousands of clients stand up to powerful institutions, and we’ve recovered over $25 billion in the process.

If you or a loved one has suffered due to psychiatry malpractice, contact us today for a free, confidential case evaluation to learn more about your legal options.