What exactly is psychiatric malpractice? We may consider the definition to be any scenario where a patient experiences unfair or unjust treatment by a psychiatrist, but it’s not quite that simple. Robert Fleischner, Attorney at Law with the Center for Public Representation in Northampton, Massachusetts says there are four elements that must be present in order for a case to be identified as malpractice.

1. There must be a doctor-patient relationship.
2. The psychiatrist has to breach the duty of reasonable care.
3. The patient had to experience some kind of harm.
4. The harm must be a causal link between the patient’s harm and the doctor’s negligence.

While the first three qualities may be easy to identify, the fourth, the proof of negligence, can oftentimes prove to be difficult. Attorney Fleischner says that the only scenario that guarantees proof of negligence is sexual contact between the psychiatrist and their patient.

“If a person suspects he or she has been a victim of malpractice, they should consult with an attorney who specializes in medical malpractice,” says Attorney Fleischner. There are even attorneys who specialize in psychiatric malpractice and cases of sexual exploitation, if you’re able to find one. “To find these specialists, look in the yellow pages for the telephone number of your state’s Bar Association or Lawyer Referral Service…”

Legal action is not the only option available for those who feel unjustly or unfairly treated by a psychiatrist. Here are just a few alternatives available:

– file a human rights complaint with your local human rights officer
– file a complaint with the psychiatrist’s employer
– file an ethics charge against a psychiatrist

It’s important for us to know our rights and be treated with the respect and dignity we deserve. If we are feeling as though we are being treated unjustly, we don’t have to sit back and watch it happen. Action should be taken. Seeking out the proper legal help can help ameliorate the damage we’ve incurred.

Source: Power 2 U