The impact of litigation and court decisions on clinical practice

Abstract

Malpractice litigation has dramatically increased in recent years, posing a major challenge to psychiatrists and other clinicians. The author reviews the current legal situation and major court decisions, and then addresses five categories of litigation specifically affecting psychiatry: (1) patients' acts of violence; (2) patient suicides; (3) patient injuries that result from negligent treatment; (4) faulty initiation, process, or termination of treatment; and (5) liability arising from employer, supervisory, or consultative relationships. He concludes that a sensitive and effective relationship between treaters and patients remains the best safeguard against malpractice litigation.