Tuesday, November 11, 2014

Two Top Liability Risks for Psychiatrists: Patients with Suicidal Behavior and Psychopharmacology

Snippets from a Press Release by PRM, still relevant today

Patient suicides may trigger the most lawsuits, but according to PRMS data, cases with the largest verdicts or settlements don't involve the death of a patient, but significant and permanent physical and neurological damage requiring lifelong care. Such damage can occur from things like renal failure from lithium toxicity, severe Stevens-Johnson Syndrome or brain damage from a suicide attempt.

"Defensive medicine is not the answer," said Jacqueline Melonas, RN, MS, JD, Senior Vice President of Risk Management for PRMS. "Care that has a sound clinical basis that also is well-documented is the best way to avoid or, if necessary, defend lawsuits."

[...]

Donna Vanderpool, MBA, JD, Assistant Vice President of Risk Management for PRMS, noted that breach of duty or negligence is just one element of a malpractice lawsuit. Other elements include duty of care (to meet a standard of care), damages or harm to the patient, and causation (the harm was caused by the breach).

"A plaintiff has to prove all four elements to win a medical malpractice lawsuit," Vanderpool noted.

During the session, PRMS also focused on another high-risk area for psychiatrists: psychopharmacology.

"Most psychiatric ailments are treated at least in part with medication, and much can go wrong when prescribing," said Denita Neal, JD, a Risk Manager with PRMS. Issues might include prescribing negligently, failing to monitor the medication or failing to obtain inadequate informed consent.

No comments: