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Malpractice Law and Psychiatry: An Overview
Richard L Frierson1, Kaustubh G Joshi1
1Department of Neuropsychiatry and Behavioral Science, University of South Carolina School of Medicine, Columbia, SC.
Abstract:
Fortunately, psychiatrists are less likely to be sued for malpractice than most physicians in other specialties. However, once sued, psychiatrists must navigate a complicated and nonintuitive legal process. This article reviews the major elements of a malpractice claim, the litigation process in medical malpractice cases, and the common allegations of negligence that are encountered in such cases. The major types of malpractice insurance coverage are reviewed, and recommendations about liability prevention and how to best respond to a malpractice action are presented.
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