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Law & psychiatry: Liability issues associated with referrals to self-help groups
Mark S Salzer1, Loran B Kundra
1Center for Mental Health Policy and Services Research, Department of Psychiatry, University of Pennsylvania School of Medicine, Philadelphia, PA 19104, USA. mark.salzer@uphs.upenn.edu
Psychiatric Services (Washington, D.C.)
|January 2, 2010
Summary
Psychiatrists can refer patients to self-help groups with minimal liability risk. This review indicates that legal claims against providers for such referrals are unlikely to succeed, offering recommendations to further reduce risks.
Area of Science:
- Mental Health Services
- Public Health Systems
- Consumer-Run Organizations
Background:
- Self-help groups (mutual aid groups) are vital for mental health recovery.
- Provider concerns exist regarding potential liability from referrals to these groups.
Purpose of the Study:
- To examine potential legal liability claims associated with referring patients to self-help groups.
- To assess the risk of successful plaintiff claims against providers.
Main Methods:
- Review of potential liability claims related to self-help group referrals.
- Analysis of legal precedents and risk factors.
Main Results:
- The probability of a plaintiff's claim succeeding is low.
- Existing legal frameworks offer protection for providers making referrals.
Conclusions:
- Referrals to self-help groups pose a minimal legal risk to psychiatrists and other providers.
- Recommendations are provided to further mitigate the likelihood of successful lawsuits.
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