D
DoogieMD22
If a client of a mental health specialist commits suicide, would it be possible for his or her family to successfully take legal action against the therapist? Does anyone know of any situations where this occured?
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Did the specialist ever assess for current/past suicidal ideation/thoughts of self harm? If so what action did the specialist take if there was *any* indication of SI/SH? Could ask a lot more questions mainly based on what the specialist did/did not do given that ... ie did he/she ever consult, did they follow protocol, were they using a well supported approach, was there ever any indication that the client felt this way, if there was were the appropriate people notified, etc.
I can't think of any specific cases right off hand but I've definitely heard of cases where the family tries to/does take legal action against the therapist...don't know the results though. Will look it up...
I can't think of any specific cases right off hand but I've definitely heard of cases where the family tries to/does take legal action against the therapist...don't know the results though. Will look it up...
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http://nationalpsychologist.com/articles/art_v8n6_4.htm
This is about filing suit against HMOs, but indicates that one can be filed due to suicide. Most of the cases I've seen sued over wrongful death. Most notably there was a case at MIT in 2000 where a family sued some of the school psychiatrists and administrators. The suit was eventually dropped though. Given the possibility of suits, I would think that at some point, one would win. However, this is just speculation as I don't have a solid case in front of me where the family won. I just think that eventually, someone would win.
By indicating that suits are possible, I certainly do not mean to say that any specialist or any person for that matter made someone commit suicide. However, one could provide negligent care or not follow the legal and ethical procedures if they were aware of the person's suicidal thoughts/plan/etc and could face legal action/consequences because of it.
This is about filing suit against HMOs, but indicates that one can be filed due to suicide. Most of the cases I've seen sued over wrongful death. Most notably there was a case at MIT in 2000 where a family sued some of the school psychiatrists and administrators. The suit was eventually dropped though. Given the possibility of suits, I would think that at some point, one would win. However, this is just speculation as I don't have a solid case in front of me where the family won. I just think that eventually, someone would win.
By indicating that suits are possible, I certainly do not mean to say that any specialist or any person for that matter made someone commit suicide. However, one could provide negligent care or not follow the legal and ethical procedures if they were aware of the person's suicidal thoughts/plan/etc and could face legal action/consequences because of it.
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You can be sued for pretty much anything, whether or not it sticks...that is the real question. It comes down to "Best Practices"....did you do what any qualified and ethic clinician would do?
I'm sure it has happened, but I wouldn't say it is a given if one of your pts commits suicide.
-t
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I am sure that a suit has happened but like -T said have they actually won? Who knows that is probably not something that is shared or broadcast too often. Just always remember to pay your malpractice insurance premiums, seek supervision, utlize best practices, document everything very well, and keep a lawyer on retainer and you should be fine.
Jeff
Jeff
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Client suicide is the #1 cause of law suits against psychologists (see Simpson & Stacy, 2004). Most malpractice suits have to do with foreseeability & reasonable standard of care (see Jobes & Berman, 1993). So, it's not necessarily that you are always liable if a client commits suicide--it's understood that it happens-- but that whether you provided reasonable assessments and did everything you can to prevent it given the evidence that you had. The bottom line is to document everything. Your assessments and course of action should always be in writing. No-suicide contracts are a good means of documentation, although there isn't much in the way of empirical support that they actually do anything to prevent suicide. Also, all therapists should have good malpractice insurance-- my clinic requires it.
It may seem callous to focus on CYA when dealing with something as serious as a suicidal client, but it's very important. Losing a client to suicide is difficult enough, having a law suit strip you of all of your assets and career prospects on top of that is almost unsurmountable. It goes without saying that you should at the same time be doing anything you can to prevent the suicide from occurring the first place.
It may seem callous to focus on CYA when dealing with something as serious as a suicidal client, but it's very important. Losing a client to suicide is difficult enough, having a law suit strip you of all of your assets and career prospects on top of that is almost unsurmountable. It goes without saying that you should at the same time be doing anything you can to prevent the suicide from occurring the first place.
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Having been in business before, I think you do all you can to cover yourself and document things... but, unfortunately the bottom line is that people get sued and most settle out of court even if they have not done anything wrong. Why? It comes down to a business decision--it costs more in time and money to hire lawyers for long period of times and go through a two year law suit than it does to cut someone a check out of court and end the nightmare.
Sad, but true.
Sad, but true.
You can be sued and I'd have to go digging but I believe people have won before in cases where there was some sense of negligence on behalf of the psychologist.
The good news? We don't get sued NEARLY as much as MDs, who every twit wants to sue anytime their life isn't perfect. The result is some MDs pay anywhere from 50-100 grand a year in malpractice. I got an offer in the mail for student malpractice insurance for I believe it was $35. I'm sure that number would be much higher if I had my own practice, but I have my doubts it would ever approach on 100 grand a year🙂
The good news? We don't get sued NEARLY as much as MDs, who every twit wants to sue anytime their life isn't perfect. The result is some MDs pay anywhere from 50-100 grand a year in malpractice. I got an offer in the mail for student malpractice insurance for I believe it was $35. I'm sure that number would be much higher if I had my own practice, but I have my doubts it would ever approach on 100 grand a year🙂
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