Suicide litigation: an Australian survey

Abstract

Social and legal attitudes towards suicide through history are described. General medical malpractice trends internationally are portrayed before describing the survey. The survey involved nineteen organisations--insurers and solicitors in the six Australian states--and obtained a 100% response rate. Twenty cases of litigation regarding failure to prevent suicidal behaviour were described since 1972, suggesting that it is uncommon. All but one case involved inpatients and in most instances hospitals were the defendants. Failure to supervise was the leading basis of claims. Most cases concerned non-fatal suicide attempts, usually with extensive injuries. Most claims were settled in favour of claimants--half of these actually in court.