Although more complicated than the injuries associated with medical malpractice, mental health malpractice is a quickly growing field of malpractice law. The majority of mental malpractice cases do not stem from unforeseeable problems, but rather from situations that could have been avoided if only they were recognized and treated properly by a mental health provider.
The following are the most commonly associated claims in successful mental health malpractice cases:
The same defenses for a medical malpractice case often work for mental health malpractice as well. The most common defenses are:
The Duty to Warn about Dangerous Patients
In some cases, the patient is dangerous to others. Mental health providers may feel they are in a difficult position because the provider has a duty to keep the patient’s information confidential.
However, most states place a duty to warn victims on mental health providers. The duty to warn is the provider’s duty to warn the victim that the patient may seek to harm the victim. If a patient harms or kills a victim, the provider will be liable. The doctor-patient privilege would not be a defense if the mental health provider had a duty to warn or protect the victim.
Most states have a duty to warn. However, the following states do NOT place a duty to warn on mental health providers:
If you have suffered from injuries as a result of mental health visits, or have been accused of mental health malpractice, the advice and counsel of a personal injury attorney can be extremely helpful. In order to determine the strength of the claim, and the proper legal recourse, the right personal injury attorney can make this process a successful one.
Last Modified: 03-29-2017 03:39 AM PDTLaw Library Disclaimer
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