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When Mental Health Professionals Commit Medical Malpractice

October 03, 2017


Medical Malpractice of any sort is horrible, but when mental health professionals commit medical malpractice, it can be a whole different story.

How is Mental Medical Malpractice different than normal medical malpractice?

Simply put, it can be tough to distinguish malpractice from poor doctoring in terms of mental health. The damages that are done are normally measured in the context of emotional damage or harm, which can be harder to distinguish compared to that of a surgical injury because of medical malpractice.

How do you know if you can establish a case?

In order to create a case for mental health medical malpractice, a couple of elements have to be established.

  • The doctor was negligent – they breached the duty of responsible care.

  • The patient was injured – either in a physical manner or mental.

  • There was a relationship between the patient and the doctor.

  • There is a link between the negligence and the injury – even if only casual.

What are a few examples of Mental Health Medical Malpractice?

  • A sexual relationship between the doctor and patient.

  • Failing to conduct a correct suicide risk assessment.

  • Making the wrong diagnosis.

  • Administering the wrong medication.

  • Creating false memories for the patient.

  • Threats to the patient.

The list truly does go on, but the point is, any time the mental health professional has been negligent towards the patient, there is a strong chance there is a case to be made regarding medical malpractice. Anyone who has been through mental health medical malpractice should take immediate action.

What to do if I have experienced Medical Health Medical Malpractice?

If you, or anyone you know, has experienced medical malpractice due to the negligence of the mental health professional, there is a case to be made. Contacting an experienced attorney may be one of the best decisions you can make in creating a strong case. At Berger & Lagnese, LLC, there are a team of attorney’s waiting to assist you and your case. Contact our offices today to schedule a consultation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.


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