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Malpractice in child and adolescent psychiatry
1Psychiatry and Law Service, Department of Psychiatry and Behavioral Sciences, Emory University, Grady Memorial Hospital, Atlanta, GA, USA. pash01@emory.edu
Child and Adolescent Psychiatric Clinics of North America
|October 26, 2002
Summary
Child and adolescent psychiatry malpractice suits are a growing concern, though still uncommon. Clinicians can mitigate risks by using best judgment and thorough documentation, especially in high-risk areas like patient safety and abuse allegations.
Area of Science:
- Child and Adolescent Psychiatry
- Medical Malpractice Law
Background:
- Malpractice suits in child and adolescent psychiatry have significantly increased over the last 40 years.
- Despite the rise, suits involving child and adolescent patients remain relatively infrequent, with a low rate of awarded damages.
Purpose of the Study:
- To identify the primary drivers and evolving landscape of malpractice litigation in child and adolescent psychiatry.
- To provide guidance for clinicians on avoiding and defending against malpractice claims.
Main Methods:
- Analysis of trends in malpractice litigation over 40 years.
- Identification of common and emerging areas of legal risk in psychiatric practice with minors.
Main Results:
- Key areas leading to lawsuits include failure to protect inpatients, adolescent suicide, medication errors, and child abuse allegations.
- Six out of seven suits result in no damages being paid.
Conclusions:
- Practicing with sound clinical judgment and meticulous documentation are crucial for clinicians to avoid and defend against malpractice suits.
- Emerging legal challenges include patient rights legislation, the "direct victim" test, privacy regulations, and telemedicine.