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[Professional liability in psychiatry: evolution and critical issues].

Liliana Lorettu1, Alessandra Nivoli1, Paolo Milia1

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Area of Science:

  • Medical Law
  • Psychiatry
  • Professional Liability

Background:

  • The evolution of psychiatric care and legal frameworks.
  • Historical perspectives on medical malpractice in psychiatry.

Purpose of the Study:

  • To trace the historical trajectory of professional liability in psychiatry.
  • To analyze the changing legal standards and their impact on psychiatric practice.

Main Methods:

  • Review of legal doctrines and jurisprudential trends.
  • Historical analysis of psychiatric legislation from 1904 to present.

Main Results:

  • Identified three phases: custodial, indulgence, and empowerment.
  • Custodial phase: focus on patient custody and social defense.
  • Indulgence phase: reduced impunity due to professional difficulty.
  • Empowerment phase: increased accountability and convictions.

Conclusions:

  • Professional liability in psychiatry has significantly evolved.
  • Current challenges in applying guarantee positions persist.
  • Past legal legacies continue to influence contemporary psychiatric practice.