Mental Health Malpractice Claims: When Psychiatric Care Causes Harm

## Malpractice in Mental Health Care: An Overlooked Category

Mental health professionals — psychiatrists, psychologists, licensed counselors, and social workers — are subject to the same malpractice standards as other healthcare providers. When a psychiatrist prescribes dangerously inappropriate medication, a therapist violates confidentiality without legal justification, or a facility negligently discharges a suicidal patient, victims can pursue civil malpractice claims. This category of malpractice is significantly underreported because victims are often stigmatized or unaware they have legal rights.

Wrongful suicide cases — where a psychiatric facility or provider fails to implement appropriate suicide precautions for a patient who subsequently dies — produce average verdicts exceeding $1.5 million.

Common Mental Health Malpractice Claims

Psychiatric medication errors are particularly dangerous because psychotropic drugs have narrow therapeutic windows and serious interaction profiles. A psychiatrist who prescribes contraindicated medications without reviewing the patient's full medication list, or who ignores signs of serious medication side effects like neuroleptic malignant syndrome, may face substantial liability. Sexual misconduct by therapists — a complete breach of professional ethics — is always actionable as malpractice.

• Prescription of dangerous psychiatric medications with known interactions
• Failure to hospitalize a suicidal patient who subsequently attempts or completes suicide
• Negligent discharge of an involuntary patient who then harms themselves or others
• Breach of therapist-patient confidentiality without legal justification
• Sexual misconduct or romantic relationship between therapist and patient
• Wrongful involuntary commitment without meeting legal criteria

Navigating the Unique Challenges of Psychiatric Malpractice

Mental health records carry heightened confidentiality protections under both HIPAA and state mental health laws, which can complicate record retrieval. Your attorney will need authorization forms specifically designed for psychiatric records. Cases involving suicide require expert psychiatrists who can address the assessment, hospitalization decisions, and discharge planning in detail. These cases demand sensitivity and an attorney experienced in this specialized area.