This multi-state survey of psychiatry malpractice verdicts, settlements and recoveries is a cursory summary of only a few cases:
BACKGROUND
Psychiatric malpractice lawsuits are a variation of medical malpractice that involves psychiatrists instead of physicians. Even though psychiatrists are trained medical doctors, they also have training in psychotherapy techniques and psychopharmacological drugs.
Psychiatrists also differ from other psychotherapists, who may have either a PhD or PsyD from an accredited university and are licensed by the state or are licensed clinical social workers (LCSWs) [www.person-injuryinfo.net/psychiatric-malpractice].
RECOVERIES
(1) Reduced Observation of Psychiatric Patient Blamed For His Suicide By Hanging. Verdict to family of $71,989.00 returned, apportioning 65% fault to the hospital and 35% to the psychiatrist.
A 45-year-old police lieutenant who suffered from alcohol abuse and depression was admitted to a psychiatric care family. He was classified "Q15", a category assigned to patients who must be visually inspected every 15 minutes, cannot have access to sharp objets or any other material or object they can use to inflict bodily harm, and must request permission to use restrooms. The next day the psychiatrist examined the patient and moved him to a "Q30" status, which halved the frequency of visual inspections, gave the patient unrestricted access to restrooms, and allowed him to have a bathrobe with a belt.
The patient committed suicide by hanging himself with the bathrobe belt the very next day, using the restroom door to support a noose he made with the belt (Honolulu, Hawaii Circuit Court).
(2) $3,000,000 Confidential Recovery: MEDICAL MALPRACTICE – PSYCHIATRY – OUTPATIENT BEHAVIORAL SERVICE PROVIDER AND SOCIAL WORKER NEGLIGENCE – FAILURE TO DIAGNOSE AND REPORT ABUSE AND NEGLECT RESULTING IN TRAUMATIC BRAIN INJURY TO ADOPTED CHILD.
In this malpractice matter, the plaintiff conservator for the child alleged that the various health care provider defendants were negligent in observing, but failing to report injuries observed to be consistent with an abusive relationship. The child sustained a traumatic brain injury as a result of the unreported instances of abuse. The defendants denied the allegations and disputed liability (Massachusetts).
(3) $1,000,000 Recovery: Medical Malpractice - Psychiatry - negligent prescription of Zyprexa to plaintiff results in Tardive Dyskinesia.
In this action for medical malpractice, the plaintiff alleged that the defendant’s negligent prescription of the anti- psychotic medication, Zyprexa, caused her to suffer uncontrollable involuntary movement of the tongue. The defendant generally denied liability (San Bernardino County, California).
(4) Over $1,000,000 Confidential Recovery: MEDICAL MALPRACTICE – PSYCHIATRY – OUTPATIENT BEHAVIORAL SERVICE PROVIDER AND SOCIAL WORKER NEGLIGENCE – FAILURE TO DIAGNOSE AND REPORT ABUSE AND NEGLECT RESULTING IN TRAUMATIC BRAIN INJURY TO ADOPTED CHILD.
In this malpractice matter, the plaintiff conservator for the child alleged that the various health care provider defendants were negligent in observing, but failing to report injuries observed to be consistent with an abusive relationship. The child sustained a traumatic brain injury as a result of the unreported instances of abuse. The defendants denied the allegations and disputed liability (Massachusetts).
(5) $500,000 Recovery: Medical Malpractice – Psychiatry – Failure to admit and treat a suicidal patient – Wrongful Death of 55-year-old male.
The estate of the male decedent alleged that the defendants failed to admit the decedent to a psychiatric unit and negligently discharged the decedent to his home when he was severely depressed and suicidal. As a result, the decedent took his own life a few days after being treated by the defendants. The defendants all denied any negligence (Bucks County, Pennsylvania).
(6) Over $1,000,000 Verdict: Medical Malpractice - Psychiatry - Former model sues therapist for manipulation and sexual voyeurism - Abuse of doctor-patient privileges.
In this case a former jeans model sued her psychiatrist after he crossed the line in treatment, setting her up with fellow patients and interrogating her about sexual details of her encounters with the men. The plaintiff successfully recovered her treatment fees, as well as $1,000,000 for pain and suffering in the Supreme Court of New York County (New York County, New York).
[www.power2u.org/NationalEmpowermentCenter/ Patricia E. Deegan, PhD; medicalmalpracticerelief.com/medical-malpractice-verdicts; www.jfponline.com/ The Journal of Family Practice/Vol. 6, No. 6/June 2007; www.jvra.com/ Jury Verdict Review & Analysis]
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