The attorneys at Morgan & Morgan are familiar with the devastating effects psychiatric malpractice or negligence can have on a patient and/or their family. A psychiatrist, as a medical professional, owes patients and their families, a certain duty of care. If this duty of care is broken, patients may be further traumatized, develop a fear of seeking help, or commit suicide. Our attorneys understand the delicate nature of these cases and have the resources necessary to help injured patients recover compensation for their suffering.

If you or a loved one has been the victim of psychiatric malpractice or negligence, you may be entitled to compensation for damages. To have your claim reviewed by one of the psychiatric medical malpractice attorneys at our Florida offices, please fill out our no cost, no obligation case review form today.

What is Psychiatric Malpractice?

Patients who seek the counsel of a psychiatrist are often vulnerable and, in some cases, unstable. They expect the mental health professional in whom they confide to offer a system of support that may be otherwise unattainable. As a medical professional choosing to specialize in this intimate field, psychiatrists must provide a level of care that is reasonable and reassuring. They must also act as other psychiatrists would act in a similar situation. When this duty is breached, the psychiatrist may be liable for any resulting damages.

Some examples of psychiatric malpractice include:

  • Physical abuse
  • Emotional abuse
  • Sexual relationships with patients
  • Failure to document medication history, including dosage and basis for prescription
  • Failure to obtain information
  • Failure to properly diagnose the patient
  • Negligent use of psychopharmacologic agents
  • Failure to obtain informed consent
  • Revealing information protected by confidentiality, unless necessary for the safety of the patient or others
  • Abandonment
  • Misdiagnosis
  • Negligent psychiatric hospital care
  • Negligence in supervision
  • False imprisonment or the use of restraints

Is There an Extra Legal Duty to Suicidal Patients?

A psychiatrist’s legal duty varies by case, and depends on the level of care required by the patient and his or her mental state. In cases of suicide, the standard of care a psychiatrist must meet hinges on the doctor’s assessment of the patient’s suicidal risk, rather than the prediction of such an event. In suicidal patients, a doctor may be liable for damages if they could have or should have reasonably noticed a foreseeable risk of injury and failed to act.

If a psychiatrist misses or fails to report the following, he could be held accountable for the patient’s death:

  • Failing to notice signs that a patient may be a risk to themselves or others;
  • Failure to prevent patients from harming themselves;
  • Documenting the first suicidal risk assessment, and not others;
  • Failure to monitor a suicidal patient;
  • Failure to evaluate the environment and safety of a suicidal patient; and
  • Failure to warn a third party when there is an imminent threat of harm, as required by law.

How Can a Lawyer Help Me File a Claim for Psychiatric Malpractice?

A psychiatric malpractice attorney can help a patient, or their family, establish four essential elements to prove a psychiatric malpractice.

To have a successful claim for medical malpractice or negligence, it must be established that:

  • There was a doctor/patient relationship in which the patient was owed a certain duty of care.
  • The practitioner violated that duty of care, either through negligence or exceeding permissible occupational boundaries.
  • The patient experienced pain, suffering, or death as a result of the breach.
  • There was a causal link between the breach and the injury suffered by the patient.

A medical malpractice attorney can collect evidence, conduct witness statements, and review doctor’s files to substantiate your claim and prove the causal connection between the breach of duty and injury.

If you or someone you know has been the victim of psychiatric medical malpractice, you may have legal recourse. To have a psychiatric injury attorney at our firm review your claim, please fill out our free case evaluation form today.

Reviews

Review
Star Star Star Star Star
" They really care, know what they are doing and treat you as though you are their only client! "

~ Robert

Insurance Offer$200,000
turned into
What we got $1,200,000
Review
Star Star Star Star Star
" Made this difficult legal matter as painless as possible and helped lead us to victory. "

~ Catherine

Insurance Offer$60,000
turned into
What we got $1,050,000
Review
Star Star Star Star Star
" Outstanding firm that has their clients interest at heart. "

~ Derrick

Insurance Offer$200,000
turned into
What we got $3,500,000
Review
Star Star Star Star Star
" They really set the bar high...I highly recommend. "

~ Carole

Insurance Offer$5,000
turned into
What we got $2,000,000
Review
Star Star Star Star Star
" They made everything hassle free, which is exactly what I needed in my busy life. "

~ Smith

Insurance Offer$5,000
turned into
What we got $367,000
Review
Star Star Star Star Star
" Helped me every step of the way! "

~ Pappadakis

Insurance Offer$100,000
turned into
What we got $2,602,150

Offices near You

Map marker
Fort Lauderdale
5300 NW 33rd Ave, Suite 219
Map marker
Louisville
2451 Crittenden Drive, 40217
Map marker
Owensboro
401 Frederica St, Suite A202 42301
Map marker
Panama City
1022 W. 23rd St., Suite 630 32405
Map marker
Bradenton
101 Riverfront Blvd, Suite 600 34205
Map marker
Orlando
4495 South Semoran Boulevard, 32807
Map marker
Orlando
5801 West Colonial, 32808
Map marker
Macon
230 Northside Crossing, Suite 9 31210
Map marker
Charleston
170 Meeting Street, Suite 110 29401
Map marker
Brunswick
777 Gloucester Street, Suite 400 31520

Current call wait: 9 seconds

Client Testimonial Videos

Free Case Review

Share your experience and we will call you

or Call Now Phone

By submitting you agree to our Terms & Privacy Policy.