A psychiatrist may be liable for medical malpractice in the event that a mistake harms a patient. It can be difficult to prove whether negligence actually caused harm. In order to succeed in a psychiatric malpractice case, the patient must prove a doctor-patient relationship, negligence, and the negligence caused harm. The psychiatry expert witness is experienced in analyzing allegations of misconduct and providing a professional opinion on whether the medical standard of care was breached. These experts opine on what the proper course of conduct should have been under the circumstances.
Medscape.com tells us that “in general, the major malpractice risks for psychiatrists involve suicide, lack of emergency accessibility, duty to warn, medication side effects, relationships with patients, and Internet therapy or prescribing.”
In the news, Santa Fe, NM, District Judge David Thomson declined to dismiss claims in a civil lawsuit against Dr. Alan Emamdee and the San Juan Regional Medical Center filed by twelve former patients. Plaintiffs accuse the psychiatrist of sexual assaults and abuse. Emamdee has been charged with six counts of criminal sexual penetration in the first degree and five counts of criminal sexual contact. The complaint also charges the San Juan Regional Medical Center and San Juan Health Partners with the responsibility of supervising Emamdee’s behavior. The next hearing in the lawsuit is set for April.
In cases such as this, the psychiatry expert witness plays a key role in presenting their professional and unbiased opinion to the court. The psychiatric patient expects competent and professional conduct from their psychiatrist. When the psychiatrist’s conduct does not meet the standard of care and causes harm to the patient, the psychiatrist becomes liable for that harm. The psychiatry expert witness has the skills to evaluate whether a breach in the standard of care resulted in harm to the patient or others. Contact ELITE Medical Experts for start to finish litigation support with your psychiatry case.