A psychiatrist is also a doctor and can be negligent in their care just like a regular physician so yes, a psychiatrist can be sued. Psychiatrists can be held legally liable for a variety of violations. Their failure to provide proper reasonable care to their patients can be grounds to be sued. If you believe you have been mistreated by your psychiatrist in the Sugarland, Texas area, you may want to discuss it with personal injury attorney Adam Capetillo and get his advice and if necessary bring a lawsuit for medical malpractice.
Failure to Maintain Records Responsibly
Legal protections afford patients the right to ensure any information regarding their personal care keeps out of the public space. As medical professionals, psychiatrists must maintain all records of their interactions and recommendations for their patients with the same care and responsibility a medical facility or government agency must show for sensitive information. If the patient records have not been secured or stored properly, the psychiatrist can be held legally responsible for that failure.
Improper Patient Treatment
This rule applies to two specific types of patient treatment: the treatment of the individual, and the treatment of the individual’s care.
For example, a psychiatrist cannot be abusive to a patient on any level, including physically, verbally, and emotionally. Violating that requirement would make the psychiatrist liable for improper patient treatment.
Likewise, failing to observe care and respect while engaging in treating a patient can leave the psychiatrist open to threats of litigation. All psychiatrists must:
• Follow through on patient evaluations, especially if those evaluations give the psychiatrist cause to be concerned about the patient’s physical and mental health.
• Obtain patient consent for treatment, especially if the patient in question is a minor.
• Maintain communication with other medical professionals treating the patient. This can mean keeping records of conversations with other psychiatrists regarding patient treatment or with outside professionals regarding prescription usage and related health concerns.
Unethical Conduct
Psychiatrists can be liable for medical practice if they engage in these unethical activities:
• Engage in a sexual relationship with the patient. This would constitute both an ethics breach and mistreatment, as the patient/doctor relationship will have been compromised.
• Exchanging treatment for other services. A psychiatrist cannot provide services in exchange for favors or other goods.
• Engaging in patient abuse, whether by the physical/mental/verbal standards or by means of other practices such as gaslighting or misinformation.
Confidentiality Exceptions
Professional psychiatrists must practice a level of confidentiality regarding patient interactions and treatment. A professional psychiatrist cannot, for example, use the information accrued during patient sessions to create content for a website or in any way relay the information shared in confidence with other parties.
However, psychiatrists also have a duty to alert third parties if they have reason to believe the information shared by the patient could lead to the patient harming themselves or others. For example, if a patient shares the intention of engaging in a violent crime during a session, the psychiatrist can be held liable if they fail to report the interaction and the patient ends up following through on the intention.
Speaking an intention does not mean the patient actually intends to act on it, but a psychiatrist might not be able to take the chance if they decide their patient could act out their plans.
Have any further questions about legal liabilities? Want to learn more? Contact the Capetillo Law Firm today.
