Psychiatric Medical Malpractice in Ohio
We all need a little bit of help sometimes. That’s why there are nearly 200,000 therapists and over 80,000 psychologists in the United States. When patients seek help for their mental health, they place an extraordinary amount of trust in the professionals who care for them, but what happens when that trust is broken?
Despite being subject to rigorous codes of ethics and meticulous professional standards, it is not unheard of for mental health professionals to cross the line and cause harm to the people in their care. When a psychiatrist, psychologist or other mental health provider violates the high standard of care to which patients are entitled, they may be considered liable for any and all harm they cause. Let’s take a closer look at what constitutes psychiatric medical malpractice in the state of Ohio and explore which legal options are available to patients who have had their healing journeys compromised by a provider’s negligence or recklessness.
What is psychiatric medical malpractice?
As we’ve discussed, psychiatrists and other mental health professionals are legally and ethically required to adhere to certain professional standards in order to safeguard the wellbeing of their clients. When a provider fails to meet these standards and subsequently causes harm to one of their patients, they may be liable for medical malpractice. Like other forms of medical malpractice, psychiatric malpractice claims are brought by injured parties (plaintiffs) against the providers who are alleged to have acted negligently via the civil court system.
In order to constitute psychiatric malpractice, a plaintiff must be able to demonstrate that the provider breached his or her professional duty of care and that the breach directly resulted in measurable harm to the plaintiff. Given the sensitive nature of the care being sought by patients in mental healthcare settings, the dangers of psychiatric malpractice can include emotional distress, physical injury or even suicide. As a result, individuals who believe their psychiatrist’s negligence caused them harm are well within their rights to file a claim against their provider.
Psychiatric negligence: In practice
Mental health negligence claims can arise from a wide range of actions ranging from simple oversights to willful misconduct. Some of the most common bases for psychiatric medical malpractice claims include:
- Failure to diagnose a patient’s mental health condition
- Misdiagnosis of serious mental health conditions
- Incorrect prescriptions or dosage
- Failure to monitor side effects of psychiatric medications
- Breach of confidentiality
- Sexual exploitation or inappropriate dual relationships between a provider and patient
- Failure to prevent suicide or self-harm
- Failure to warn community members of known threats made by patients
- Failure to notify the authorities of prior or ongoing abuse of a child or vulnerable adult
- Failure to hospitalize or intervene when a patient poses a risk to themselves or others
- Inadequate supervision in inpatient psychiatric facilities
- Premature discharge
- Improper use of restraints
- Use of unsubstantiated treatments
Mental health providers are required to adhere to detailed ethical codes and comply with both state and federal laws related to the accepted standards of care for their profession. When a provider violates those codes or standards and their patients suffer as a result, they may face claims of liability for medical malpractice.
Who can be deemed liable in psychiatric malpractice cases?
The mental healthcare system is composed of a variety of different professionals who all play specific roles in providing patient care. Any professional who causes harm by violating their legal duty of care can be named as a defendant in a medical malpractice case. Some of the most common defendants in mental healthcare negligence claims include:
- Psychiatrists
- Psychologists
- Therapists/counselors
- Social workers
- Psychiatric nurses/hospital staff
- Case managers
- Clinics, hospitals or treatment centers
If an entire facility or mental health office contributes to the harm suffered by a patient, the injured party may be within their rights to file a claim against a specific provider as well as the institution that employed, enabled or covered for them. An experienced psychiatric malpractice attorney can help plaintiffs identify every possible liable party in their case to build the strongest possible claim.
How to sue a psychiatrist for malpractice in Ohio
If you or a loved one has been harmed by psychiatric negligence, time is of the essence to file your claim. Under Ohio state law, injured parties must file a medical malpractice claim within one year of incurring or discovering their injuries. If your case is still within the statute of limitations, you’ll want to start thinking more seriously about filing a claim before the window of opportunity closes.
Here’s an overview of the steps involved in filing a psychiatric malpractice suit once you’ve decided to pursue a claim:
Consult with an attorney
The first step in most legal cases is an initial consultation. Once you’ve researched or been referred to a local malpractice lawyer, you’ll want to reach out to their office to schedule a consultation. Most psychiatric malpractice attorneys will evaluate your case for free and advise you as to whether you have the basis to file a claim in civil court.
Obtain an affidavit of merit
Under Ohio law, injured parties are required to submit a certificate or affidavit of merit when attempting to file a medical malpractice claim. This affidavit is essentially a statement from a qualified medical expert stating that, in their professional opinion, the defendant in your case likely breached the standard of care and could be considered liable for the harm you endured.
File a lawsuit
After you’ve obtained an affidavit of merit, your psychiatric medical malpractice lawyer can take the necessary steps to file your claim in civil court. This will officially get the legal ball rolling and make clear to the defendant that you intend to hold them accountable for their actions.
Discovery
Once your case is filed, the discovery process begins. During discovery, both parties exchange evidence and relevant information to ensure there will be no surprises on either side as the case unfolds. During discovery, your legal team also conducts their own investigations, interviews witnesses and gathers any other information they need to build an effective case. This can be a lengthy process but ultimately serves as a crucial step in the fight for accountability.
Settlement or trial
While many psychiatric malpractice cases settle out of court, if a fair agreement can’t be reached during negotiations or mediation, your attorney will take the case to trial to fight for compensation. Medical malpractice trials can take time to resolve, as they often hinge on expert testimony. When all is said and done, however, the judge or jury in your case can make a determination of liability and award damages when appropriate.
What damages are available in psychiatric malpractice cases?
The end goal of most plaintiffs in psychiatric malpractice cases is to receive compensation to cover the physical, emotional and financial costs associated with their injuries. If the court determines that a plaintiff is entitled to compensation, they may require the defendant to compensate the injured party for economic and non-economic damages like:
- Medical bills
- Therapy costs
- Medication costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In cases involving severe negligence or institutional failure, punitive damages may also be awarded to deter providers from engaging in tortious conduct in the future. While compensatory damages for economic losses are not capped under Ohio law, non-economic damages – like compensation for pain and suffering – are capped at the greater of $250,000 or three times the economic damages (up to a maximum of $350,000 per plaintiff). Punitive damages are also subject to a cap.
Final thoughts: You are not alone
If a psychiatrist or other mental healthcare provider failed to meet the standard of care expected of them and you suffered significant harm as a result, you deserve to have your voice heard. Asking for help is never easy, and psychiatrists who fail to adequately care for their patients in the midst of that vulnerability should be held responsible for their actions.
If you or someone you love has suffered due to psychiatric negligence, the experienced psychiatric medical malpractice attorneys at Crandall & Pera Law, LLC are here to help you weather the storm. We work directly with you and your family to pursue the compensation you deserve. Give us a call today or contact us online for a free consultation with a member of our Ohio-based team. Let’s stand shoulder-to-shoulder in your fight for justice.