What is Malpractice in Psychiatric Care?

Given the challenges in our world, many people seek psychiatric care to manage symptoms related to behavioral and emotional disorders. This type of support can be invaluable when dealing with difficult times. Unfortunately, not all healthcare professionals meet their professional and ethical obligations when providing such care. When a mental health practitioner’s actions fall below acceptable standards, this is considered malpractice.

The Greenville medical malpractice lawyers at Parham Smith & Archenhold, LLC, are committed to assisting those who received inadequate care from a psychiatrist, psychologist, or therapist. If you have fallen victim to psychiatric malpractice, feel free to reach out to our legal team.

Types of Psychiatric Malpractice

Psychiatric malpractice occurs when a mental health professional’s actions or inactions fall below an acceptable standard. Psychiatric malpractice may be performed by any mental health practitioner, including a psychiatrist, therapist, or psychologist.

The most commonly seen forms of psychiatric malpractice include:

Failure to Diagnose

Mental health professionals carry a large amount of responsibility, especially when it comes to accurately diagnosing mental health conditions. Some mental health conditions have overlapping symptoms, making it difficult to reach a diagnosis. Failure to recognize that a patient is a suicide risk or has a serious mental health condition, such as schizophrenia or bipolar disorder, can lead to severe consequences if not treated in a timely manner.

Lack of Informed Consent

Informed consent is essential for patients to retain autonomy. Failure to obtain informed consent can occur when a mental health provider does not clearly explain treatment options or the risks and side effects of certain treatments. For patients who are unable to provide consent, South Carolina’s Adult Health Care Consent Act makes allowances for other family members to step in. Under the Act, provisions are made for a guardian, a person granted health care power of attorney, or a spouse to make decisions on the patient’s behalf.

Breaching Confidentiality

A mental health practitioner must receive your permission before sharing your personal information with others. This includes the information you share during sessions, diagnoses, treatments, and any other information you shared in confidence. While there are limited exceptions (such as if you are threatening to harm yourself or another person), these are few and far between. Sharing your personal information or seeking your medical records without your approval is a serious violation, subject to HIPAA fines and a medical malpractice claim.

Prescribing the Wrong Medication or Failing to Recognize Contraindications

Traditionally, psychiatrists focus on medication management, balancing neurotransmitters so that talk therapy can be more effective. Though the wrong medication may simply fail to alleviate symptoms, other adverse effects could occur. Unfortunately, a provider may place partial blame on the patient for failure to relay side effects they were experiencing. In some cases, the appropriate medication may be prescribed, but the provider may fail to recognize its interaction with another medication that the patient is currently taking.

Failure to Transition Patient to Another Provider

If a health care professional decides to close their practice, they should refer their patients to another provider. Abruptly stopping sessions can lead to a patient’s mental health condition regressing. Patient abandonment can lead to serious ramifications, making it essential that practitioners ensure that their patients’ needs are met.

How Can a Medical Malpractice Lawyer Help Me?

The duty of care will vary based on each type of health care professional’s responsibilities and abilities. For example, psychiatrists traditionally focus on medication management, while therapists focus on psychotherapy. Psychotherapy, more commonly known as talk therapy, allows the patient to discuss their feelings and to gain insight into various coping strategies. A medical malpractice attorney will assess your case to determine if malpractice did occur. If so, then an attorney will gather evidence proving the malpractice to help you recover fair compensation. These tasks are best left to a professional, and our legal team is more than happy to help.

Contact a Greenville Medical Malpractice Attorney Today

If you or a family member has been impacted by psychiatric malpractice, Parham Smith & Archenhold, LLC, would like to speak with you. Our Greenville medical malpractice lawyers have assisted individuals who have been mistreated in the healthcare community with great success. To learn more about our approach, contact us online or by calling (864) 432-1796 at your earliest convenience.