Psychiatrists, psychologists and other mental health professional and facilities have the important duties of treating patients with respect and dignity, providing appropriate care and preventing patient harm. While most mental health professionals fulfill these obligations, some providers cause significant suffering and harm to patients and their loved ones.

Psychiatric patients are often vulnerable and fragile, depending on their health professionals to provide the appropriate support and care they need. When a mental health professional fails to exercise the degree of care and skill that would be reasonably expected of a provider under similar conditions and a patient suffers harm, the provider can be held responsible through a medical malpractice lawsuit.

Getting Help from Leading Patient Advocates

The experienced medical malpractice attorneys at Oshman & Mirisola are dedicated to vigorous litigation against psychiatric professionals who are responsible for taking advantage of, failing to care for, or otherwise harming their patients. If you or a loved one has been harmed by psychiatric malpractice, our attorneys are available to answer your questions and determine the best way to pursue justice and compensation on your behalf. Please contact us by filling out our confidential online form or by calling our offices at 1-800-400-8182.

psychologist, patient sitting in chair, psychiatric malpractice, uncomfortable patientBuilding a Strong and Successful Psychiatric Malpractice Case

From a legal standpoint, it is important to understand the distinction between feeling wronged and mistreated and suffering from psychiatric malpractice (though they often go hand-in-hand). To prove that psychiatric malpractice occurred, four elements must be present in your case:

1. A provider-patient relationship must be established. In a psychiatric malpractice case, it will be important to show that a relationship existed between you (or your loved one) and the mental health professional. This establishes that the provider had a duty to exercise “reasonable care.”

2. The provider breached this duty of reasonable care. Through a psychiatric malpractice claim, it is necessary to show that the provider acted negligently or outside the scope of their professional responsibilities.

3. The patient suffered harm. The harm caused by psychiatric malpractice can involve actual physical injuries or even death (such as suicide), or may involve emotional suffering, memory loss, aggravation of one’s psychological condition or other kinds of harm.

4. A causal relationship exists between the provider’s breech of duty and the patient’s injury. This means that the professional’s negligence or wrongful action must be shown to have caused you or your loved one’s injuries. This can be the most difficult aspect of your case, which is why it is extremely important to seek legal advice and assistance from experienced medical malpractice attorneys.

Our attorneys are prepared to investigate your claim to determine if pursuing a psychiatric malpractice case is the best option for you. If so, we will work diligently to prepare your case in order to help you seek the compensation you deserve.

What Can Be Considered Psychiatric Malpractice?

Psychiatric malpractice can occur in several ways, including but not limited to:

  • Failure to diagnose a patient or the worsening of their condition
  • Failure to properly treat a patient
  • Negligent or harmful use of medications
  • Failure to adequately supervise a patient, particularly patients who are at risk for harming themselves or others
  • Lack of informed consent to use a particular therapeutic technique, medication, or procedure
  • Negligent application of psychotherapy
  • Emotional manipulation or physical abuse
  • Failure to care/ abandonment
  • Failure to prevent harm
  • Breach of privacy
  • Sexual relations with a patient
  • False imprisonment or inappropriately restraining a patient
  • Fraud: deception of patient for personal or professional gain

Preventing Suicide in At-Risk Patients

Mental health professionals have an important duty of protecting patients and their families. This includes responding appropriately and promptly to threats or warning signs of suicide or other harmful actions. If a mental health professional fails to identify and respond appropriately to a patient’s condition, they can be held liable when the patient harms themselves or others. If your loved one has committed suicide while under the care of a mental health professional, this is undoubtedly an immensely difficult time. If you suspect that your loved one’s suicide was preventable, you may wish to learn more about your legal rights and options.

Seeking Compensation through New York/New Jersey Psychiatric Malpractice Attorneys

In pursuing a psychiatric malpractice case, you can seek justice and the compensation you deserve for your losses and suffering. Through a psychiatric malpractice claim, you may be eligible to seek compensation for past and future medical expenses, loss of income or earning ability, emotional pain and suffering, and more.

You have already put tremendous faith in a professional who failed in their important duty to you. We vow not to let that happen again. We will treat you with dignity and pursue your case with integrity so that your voice is heard and those responsible for your suffering are brought to justice. We offer a no-obligation free consultation so that you can have your questions answered and determine the best course of action for you. Please contact us today to learn more about your legal rights and options.

Medical Malpractice FAQs

  • psychologist, patient lying in chair getting mental treatment, psychiatric malpracticeWhat is medical malpractice?
  • How does a case result in medical malpractice?
  • What kind of mistakes can result in medical malpractice?
  • How do I know if I have a medical malpractice case?
  • What is the definition of a medication error?
  • How does a jury decide if a doctor’s actions were within the standard of care?
  • I signed a consent form before my doctor performed surgery. What did it mean?
  • What if I’m just not satisfied with the results of my surgery? Do I have a malpractice case?
  • What is the medical malpractice standard of care?
  • My plastic surgeon made a mistake and admitted it. Do I have a malpractice case?

Medical Malpractice Glossary

If you have injured due to the negligence of a doctor, nurse or someone serving in a medical care capacity, these terms will be useful to you as you work through the claim process:

  • Adjudicate
  • Answer
  • Contingency fee
  • Damages
  • Deposition
  • Failure to diagnose
  • Hospital malpractice
  • Liability risk
  • Occupational therapy
  • Terminal illness
  • Wrongful death
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