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Psychiatric Malpractice: When Mental Health Care Causes Harm

Seeking help for mental health concerns is a courageous step toward well-being. We trust mental health care professionals to provide competent and ethical care, but unfortunately, psychiatric malpractice can occur, leaving patients vulnerable and suffering further harm.

At Meagher & Meagher, P.C., we have been advocating for patients’ rights in White Plains and New York City since 1993. Our experienced medical malpractice attorneys understand the sensitive nature of psychiatric malpractice cases and the devastating impact they can have on individuals and families. We are dedicated to providing compassionate legal representation and holding negligent mental health professionals accountable.

Understanding Psychiatric Malpractice

Psychiatric malpractice occurs when a mental health professional, such as a psychiatrist, psychologist or therapist, breaches their duty of care to a patient, resulting in harm. This can manifest in various ways, including:

  • Misdiagnosis or delayed diagnosis: Failing to diagnose a mental health condition accurately or delaying a diagnosis can prevent patients from receiving appropriate treatment and lead to a worsening of their condition.
  • Improper medication management: Prescribing the wrong medication, incorrect dosage or failing to monitor medication side effects adequately can have serious physical and psychological consequences.
  • Boundary violations: Engaging in inappropriate relationships with patients, such as sexual or financial exploitation, is a serious breach of trust and can cause significant emotional harm.
  • Failure to provide adequate suicide prevention: Mental health professionals have a duty to assess and manage suicide risk. Failing to take appropriate precautions can have tragic consequences.
  • Breach of confidentiality: Disclosing confidential patient information without consent can cause reputational damage and emotional distress.

Psychiatric malpractice can have devastating consequences for patients and their families. If you believe you have been a victim of psychiatric malpractice, it is essential to seek legal advice to protect your rights and pursue justice.

Who Is Vulnerable To Psychiatric Malpractice?

While any patient can be a victim of psychiatric malpractice, some individuals may be particularly vulnerable, including:

  • Patients with severe mental illness: Individuals with conditions like schizophrenia, bipolar disorder or major depression may be more reliant on their mental health providers and less able to advocate for themselves.
  • Children and adolescents: Young people are particularly susceptible to harm from inappropriate therapy techniques or medication mismanagement.
  • Patients in crisis: Individuals experiencing acute mental health crises may be more vulnerable to exploitation or neglect.

These vulnerable populations may require additional protections to ensure they receive safe and effective mental health care.

Consequences Of Psychiatric Malpractice

The consequences of psychiatric malpractice can be devastating, leading to:

  • Worsening of mental health conditions: Delayed or improper treatment can exacerbate existing mental health problems and lead to new or more severe symptoms.
  • Physical harm: Medication errors or improper treatment can cause physical injuries or medical complications.
  • Emotional distress: Victims of psychiatric malpractice often experience anxiety, depression, PTSD and a loss of trust in mental health professionals.
  • Suicide or self-harm: Failure to properly assess and manage suicide risk can have tragic consequences.
  • Social and financial consequences: Psychiatric malpractice can lead to job loss, relationship problems and financial difficulties.

The far-reaching impact of psychiatric malpractice highlights the importance of holding negligent mental health professionals accountable.

Addressing Your Concerns About Psychiatric Malpractice

We understand that navigating the aftermath of psychiatric malpractice can be confusing and overwhelming. Here are answers to some common questions we receive:

What qualifies as psychiatric malpractice in New York?

Similar to medical malpractice, to establish psychiatric malpractice, we must prove that the mental health professional deviated from the accepted standard of care and that this deviation directly caused harm to the patient. This involves demonstrating that the professional failed to provide the level of care that a reasonably competent professional would have provided under similar circumstances and that this failure directly resulted in the patient’s injuries or damages.

Can psychiatric malpractice occur in both inpatient and outpatient settings?

Yes, psychiatric malpractice can happen in any setting where mental health care is provided. This includes hospitals, private practices, community mental health centers, residential treatment facilities and even telehealth settings.

In inpatient settings, malpractice can occur through negligent treatment planning, medication errors, inadequate supervision or failure to prevent self-harm or suicide attempts. In outpatient settings, malpractice can involve misdiagnosis, failure to refer to appropriate specialists, prescribing inappropriate medications or engaging in boundary violations.

How long do I have to file a psychiatric malpractice lawsuit in New York?

Generally, the statute of limitations for medical malpractice claims in New York is 2.5 years from the date of the malpractice. However, there are exceptions to this rule, so it’s crucial to consult with an attorney as soon as possible.

Seeking Justice For Psychiatric Malpractice

If you or a loved one has been harmed by psychiatric malpractice, we encourage you to contact us. The attorneys at Meagher & Meagher, P.C., are committed to helping victims of medical negligence seek justice and compensation. Call us at 914-246-2958 or visit our contact page to schedule an appointment. We are located in White Plains and serve clients throughout New York.