Medical malpractice, especially in the realm of psychiatric care, is a deeply complex issue that holds significant consequences for both patients and medical professionals. If you or a loved one is considering the services of a psychiatric malpractice lawyer, this article is here to guide you. Dive into the nuances of psychiatric malpractice, understand when a psychiatrist may be liable, and explore how to establish a valid claim.
Max Morgan, Esq.
Sexual Assault Lawyer
Philadelphia, Pennsylvania
Psychiatric malpractice is a specific type of medical malpractice where a psychiatrist or another mental health professional acts negligently, causing harm to the patient. Such negligence often results from deviations from the standard of care expected in the mental health care realm.
Here are some manifestations of psychiatric malpractice:
Misdiagnosis or failure to diagnose a mental health condition.
Prescribing inappropriate medications or incorrect dosages.
Breach of the confidential nature of the doctor-patient relationship.
Misconduct or forming improper therapeutic relationships.
Failing to uphold licensed medical care standards.
When these breaches or negligent actions result in harm, whether intangible, emotional, or physical, the affected individual has the right to file a malpractice claim. Every psychiatrist is duty-bound to provide care that meets the recognized professional standard. A deviation from this can lead to serious personal injuries and emotional distress.
If you believe that you've been a victim of psychiatric or any other form of medical malpractice, it's essential to seek the experience of a psychiatric malpractice lawyer. An experienced attorney can guide plaintiffs through the intricacies of a medical malpractice case, ensuring that vital testimonies, evidence, and professional insights support their claim. Compensation in such cases might cover emotional distress, financial losses, and medical care costs resulting from the negligent acts.
Our seasoned medical malpractice attorneys specialize in handling these sensitive cases. We deeply understand the trust instilled in medical professionals, and when that trust is broken due to misconduct or negligence, we're here to help you seek justice.
For those uncertain about the merit of their claim, we offer a free consultation. This no-obligation discussion allows potential plaintiffs to understand their case's viability, possible compensation avenues, and the subsequent legal process.
If you feel a breach in the standard of care has caused harm to you or a loved one, especially in a therapeutic relationship, please reach out to us. We are committed to ensuring that every individual receives just compensation for the negligent actions of others.
The most common types of psychiatric malpractice include misdiagnosis, insufficient aftercare, and improper prescription of medications. Negligence may manifest in worsening health problems like increased hospitalization, exacerbated insomnia, or other serious consequences for the patient.
Although psychiatric malpractice is a type of medical malpractice, it's unique in its intangible nature. Unlike a misread lab result or surgical error, psychiatric misjudgments are more difficult to establish, making the testimony of medical experts crucial in validating the claim.
A psychiatrist may be liable when they fail to properly diagnose a condition, prescribe inappropriate treatments, or breach professional standards of care. Every medical professional, including psychiatrists, owes a duty to their patients to meet established standards. Falling short can have grave implications.
For a medical malpractice claim, a plaintiff must prove that a doctor-patient relationship existed. This means the psychiatrist agreed to treat the patient and the patient consented. A mere consultation without any course of treatment might not establish this relationship.
For a malpractice claim to be valid, the plaintiff must demonstrate actual harm caused by the psychiatrist's negligence. This harm can be physical, emotional, or financial. Without clear evidence of harm, even if negligence occurred, the claim won't hold weight.
Compensation varies but can cover medical costs, therapy, lost wages, and emotional distress. It's essential to consult an attorney to gauge potential compensation based on individual circumstances.
Typically, victims have a specific time frame, known as the statute of limitations, from the date of the incident or discovery of harm to file a lawsuit. This duration differs by jurisdiction. It's paramount to act promptly to ensure your rights are protected.
An experienced medical malpractice attorney can guide victims through the legal maze, from filing a claim to gathering evidence and negotiating with insurance companies. Their experience increases the chances of a favorable outcome.
Absolutely. A free consultation provides insights into your case's validity and the potential paths forward without any financial commitment.
Consider reaching out to a reputable law firm today if you believe you've been a victim of psychiatric medical malpractice. Remember, your mental health matters, and you deserve justice.
Ashok Bharucha, a 54-year-old psychiatrist from State College, Pennsylvania, was sentenced to two years of probation after pleading guilty to a misdemeanor count of simple assault. This case, reported by the Centre Daily Times, stemmed from an incident in 2020 where Bharucha was accused of inappropriately touching a patient and removing their clothes during a psychiatric session. The victim also reported receiving multiple phone calls and text messages from Bharucha, inviting them to his hotel room, which they did not consent to.
Initially, Bharucha faced more severe charges, including one count of felony sexual assault and two counts of misdemeanor indecent assault, detailed in a July 2020 suspension order by the state Board of Medicine. The order described non-consensual acts that Bharucha allegedly committed during a therapy session. Following these charges, his medical license was temporarily suspended in July 2020 but was reinstated in February 2021 with a note that further discipline might follow. Along with probation, Bharucha was ordered to pay $1,000 in restitution and a $500 fine. Notably, on January 5, 2022, Bharucha successfully obtained an expungement of the sexual and indecent assault charges.
Source: http://www.psychcrime.org/news/index.php?vd=3436&t=PA+Psychiatrist+Ashok+Bharucha%2C+Sentenced+for+Sexual+Assault+of+Patient%2C+Has+Charges+Expunged
A mother, choosing to remain anonymous, voiced concerns about Southwood Psychiatric Hospital in North Strabane Township, Pennsylvania, following a Channel 11 report on staff member Tamika Jones being charged for allegedly kicking a patient. The mother reported her son experienced abuse during his month-and-a-half stay at Southwood earlier this year, leading her to withdraw him from the facility for his safety. She described finding bruises and bite marks on her son's body, alleging that staff failed to notify her of these incidents for weeks.
Channel 11's investigation also involved speaking with two former Southwood employees who claimed that the facility often exceeded its 54-bed capacity, leading to inadequate staff-to-child ratios. These anonymous former employees cited instances of neglect and abuse, including a child being left in feces and another being restrained with tape. They also mentioned filing numerous reports with Childline about the hospital's conditions. In response to these allegations, Southwood's CEO, Kim Lira, stated that the hospital does not publicly discuss matters concerning patients or employees, citing privacy reasons. The report highlights significant concerns about child safety and care standards at the psychiatric facility.
Source: https://www.wpxi.com/news/local/mother-former-patient-southwood-psychiatric-hospital-speaks-out-after-staff-member-charged/VWLTOHKDEBDCJC2NIVJMTZJWOE/
Bassam El-Borno, a 64-year-old psychiatrist from Lancaster County, has pleaded guilty to felony charges related to illegally prescribing drugs. The conviction, announced by Attorney General Josh Shapiro, includes six months of house arrest, five years of probation, a $50,000 fine, a suspension of his Pennsylvania medical license, and 50 hours of community service. El-Borno's guilty plea was entered before Judge Dennis E. Reinaker in the Lancaster County Court of Common Pleas, acknowledging violations of the Drug Act, Medicaid Fraud, and Insurance Fraud.
The investigation, conducted jointly by the Pennsylvania Office of Attorney General and the U.S. Health and Human Services Office of Inspector General, revealed that El-Borno had been prescribing addictive Schedule II controlled substances like Adderall and Ritalin without proper patient evaluation, diagnosis, or ongoing assessment. He had been charging patients a flat fee, often in cash, for these prescriptions, sometimes mailing them or leaving them in envelopes outside his office. The case was led by Special Agent Tucker Beecher from the Medicaid Fraud Control Section, Narcotics Agent Donald Heffner, and Special Agent John Riley. Senior Deputy Attorney General Susann Morrison prosecuted the case, highlighting the ongoing effort to combat prescription drug abuse and illegal practices in the medical community.
Source: https://www.attorneygeneral.gov/taking-action/case-update-lancaster-co-psychiatrist-pleads-guilty-to-illegally-prescribing-drugs/
Patients of Dr. Brian Hyatt, an Arkansas psychiatrist and former chairman of the Arkansas State Medical Board, have filed lawsuits alleging serious misconduct at the Northwest Medical Center's Inpatient Behavioral Health Unit in Springdale. The allegations include forced confinement, physical and emotional abuse, and fraudulent billing practices. Hyatt, who stepped down amid credible fraud allegations, is accused of imprisoning patients unnecessarily for financial gain, with at least 27 former patients taking legal action against him and the medical center.
The complaints detail instances where patients were involuntarily held, prescribed the same medication regardless of individual needs, and subjected to strip searches and forced sedation. One patient, William VanWhy, described his personal experience of neglect and wrongful treatment within the facility. Attorney Aaron Cash, representing the plaintiffs, pointed to a pattern of abuse and retaliation against those who questioned Hyatt's practices. Despite these allegations, Dr. Hyatt continues his practice, and the Inpatient Behavioral Health Unit remains operational.
Source: https://themessenger.com/health/patients-of-powerful-arkansas-psychiatrist-allege-imprisonment-abuse-and-forced-sedation
Learn more about the Statute of Limitations
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