Psychiatric Malpractice – A Primer for the General Psychiatrist-View Presentation

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Video Summary

In this session on psychiatric malpractice, the presenters—Steve Nofsinger, Dr. Megan Shedd, and Dr. Alexis Glomsky—delve into the intricacies of malpractice risks and prevention strategies in psychiatry. They outline the learning objectives, which include defining the standard of care, understanding areas prone to malpractice claims, and learning how to minimize liability and respond to claims. The session covers foundational topics such as the standard of care, the four components of a malpractice claim (duty, dereliction of duty, damages, and direct causation), and the responsibilities within special relationships like doctor-patient.<br /><br />Key malpractice risks addressed include inadequate suicide and violence risk assessments, misdiagnosis, improper medication use, false imprisonment, and breach of privacy. For instance, common claims involve failure to monitor suicidality or appropriately document patient interactions. Practical advice includes thorough record-keeping, using DSM criteria to justify diagnoses, soliciting informed consent, and documenting treatment rationales and emergency plans.<br /><br />The presenters emphasize the importance of robust documentation as a proactive defense against potential claims. They also highlight that while psychiatrists are less frequently sued compared to other specialties, understanding and managing malpractice risks remains crucial. The session concludes with case studies to illustrate potential pitfalls and the criteria juries use to determine malpractice outcomes, underscoring that jury decisions often hinge on what constitutes "ordinary" care rather than optimal or perfect care.

Keywords

psychiatric malpractice

malpractice risks

prevention strategies

standard of care

liability

malpractice claims

duty

dereliction of duty

suicide risk assessment

misdiagnosis

documentation

informed consent

case studies