By Robert I Simon
Sufferer suicide is an unavoidable occupational possibility of psychiatric perform. certainly, it's the infrequent clinician who doesn't fight, even fret, over the advanced job of assessing and coping with the danger of suicide in sufferers. sufferer suicides account for the best variety of malpractice matches filed opposed to psychiatrists and for the best variety of settlements and verdicts lined via expert legal responsibility insurers. during this ebook, written through a clinician for clinicians, Dr. Simon, a longtime professional in psychiatry and legislations, bargains -A sturdy, easy-to-understand evaluate of ways clinical malpractice legislation applies to sufferer suicides. He discusses the factors of care physicians needs to meet, the stipulations linked to malpractice legal responsibility, and the way most sensible to lessen dangers of litigation. -Extensive references to peer-reviewed literature on suicide and up to date malpractice instances, together with these caused by means of sufferer suicides, which provide perception into the most recent advancements in either the clinical group and the courts. -Much-needed functional suggestion, together with suggestion on operating with suicide probability exams and suicide prevention contracts, on treating suicidal sufferers in a number of settings (outpatient, inpatient, collaborative, and emergency), and on dealing with concerns bobbing up within the aftermath of a patient's suicide (documentation, confidentiality, and survivor care). -Clearly outlined chance administration directions that would aid clinicians stay away from litigation or determine a valid criminal safeguard if sued for malpractice. -Numerous case examples that make the theoretical discussions and clinically dependent possibility administration directions that stick with come alive. wealthy in recommendation that attracts at the author's greater than forty years of scientific adventure, this publication serves as a necessary reduction to clinicians.
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Additional info for Assessing and Managing Suicide Risk: Guidelines for Clinically Based Risk Management
In this case, a wrongful-death action was brought against a physician who allegedly failed to take appropriate steps to prevent his patient from committing suicide. The trial judge held that the suicide of the patient was an independent, intervening cause and directed a verdict for the physician. The appeals court affirmed. Beahrs (1990) stated that psychiatric patients incur legal duties in the health care context. These duties include the provision of accurate and complete information and cooperation with treatment within the boundaries of informed consent.
Every 2 years, a query of the data bank is required concerning each physician or other practitioner on the hospital staff. Hospitals that do not comply with this requirement face loss of immunity for professional peer review activities. The public does not have access to the data bank. Plaintiff’s attorneys can have access to the data bank only if they prove that the hospital failed to query the data bank about the physician in question. The information obtained can be used only to sue the hospital for negligent credentialing.
2d 885 (Mo. Ct. App. 1987) Paddock v Chacko, 522 So. 2d 410 (Fla. Dist. Ct. App. 1988), review denied, 553 So. 2d 168 (Fla. 1989) Perlin ML: Mental Disability Law: Civil and Criminal, Vol 1. Charlottesville, VA, Michie, 1989 Peters PG: The quiet demise of deference to custom: malpractice law at the millennium. Wash Lee Law Rev 57:163, 2000 Reisner R, Slobogin C: Law and the Mental Health System, 2nd Edition. St Paul, MN, West Group, 1990 Suicide and Malpractice Litigation 23 Robertson JD: The psychiatrist in the courtroom: suicide litigation—the trial of a suicide case, in American Psychiatric Press Review of Clinical Psychiatry and the Law, Vol 2.