Psychologists play a crucial role in mental health care, helping individuals navigate complex emotional, behavioral, and psychological challenges. While their expertise can be life-changing, it also carries significant responsibilities. This raises the question: Can a psychologist commit medical malpractice? The short answer is yes, but understanding how and why requires a closer look at the legal and professional standards psychologists are held to.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, including psychologists, fails to meet the accepted standard of care in their field, resulting in harm to a patient.
For psychologists, this means they must provide treatment that aligns with the standards established by the psychological profession. Deviating from these standards in a way that causes harm can lead to malpractice claims.
Common Examples of Psychological Malpractice
Here are some scenarios where a psychologist’s actions (or inactions) could constitute malpractice:
- Misdiagnosis or failure to diagnose: Incorrectly diagnosing a mental health condition or failing to diagnose a serious issue, such as suicidal ideation or psychosis, can have severe consequences. If the misdiagnosis results in harm, it may be grounds for a malpractice claim.
- Improper treatment or techniques: Using experimental or unproven treatments without informed consent, or employing techniques that are not widely accepted within the field, can lead to claims of negligence.
- Breach of confidentiality: Psychologists are bound by strict confidentiality rules. Disclosing sensitive patient information without authorization can harm the patient and lead to a malpractice lawsuit.
- Failure to prevent harm: Psychologists have a duty to take action if a patient poses a danger to themselves or others. Failing to warn appropriate parties or take preventative measures could result in harm, for which the psychologist may be held liable.
- Sexual misconduct or dual relationships: Engaging in inappropriate relationships or boundary violations with a patient can cause emotional harm and violate professional ethics, potentially leading to legal consequences.
Challenges in Proving Psychological Malpractice
Proving malpractice in psychological care can be complex. Plaintiffs must establish the following:
- A doctor-patient relationship, or evidence that the psychologist owed a duty of care to the patient,
- Deviation from the standard of care, or proof that the psychologist’s actions fell below the accepted professional standards,
- Causation, or a direct link between the psychologist’s negligence and the harm suffered, and
- Damages, or tangible harm, such as emotional distress, financial loss, or worsened mental health.
Limitations of Psychological Malpractice Claims
Unlike physical injuries in medical malpractice cases, the harm in psychological cases is often emotional or mental, making it harder to quantify.
Additionally, state laws vary regarding what constitutes malpractice in mental health care.
If you believe you or a loved one has been harmed by a psychologist’s negligence, it’s imperative to contact a skilled medical malpractice attorney.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.