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Suicide litigation: an Australian survey

C H Cantor¹, P M McDermott

¹Department of Psychiatry, Princess Alexandra Hospital, Wooloongabba, Queensland.

The Australian and New Zealand Journal of Psychiatry

|September 1, 1994

Summary

Litigation for failure to prevent suicide is uncommon, primarily involving inpatients and hospital defendants. Claims often cite failure to supervise, with most cases settling in favor of claimants, frequently due to non-fatal attempts.

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Area of Science:

Legal Medicine
Psychiatry
Healthcare Law

Background:

Historical social and legal attitudes towards suicide provide context.
International medical malpractice trends are reviewed.
Understanding litigation risks in mental healthcare is crucial.

Purpose of the Study:

To analyze litigation trends concerning the failure to prevent suicidal behavior in Australia.
To identify common defendants, legal bases for claims, and outcomes.

Main Methods:

A survey of 19 Australian insurers and solicitors achieved a 100% response rate.
Analysis of 20 litigation cases related to failure to prevent suicide since 1972.

Main Results:

Litigation for failure to prevent suicide is uncommon.
Most cases involved inpatients, with hospitals as the primary defendants.
Failure to supervise was the leading basis for claims.
The majority of claims concerned non-fatal suicide attempts with severe injuries.
Most claims were settled in favor of claimants, with half decided in court.

Conclusions:

While uncommon, litigation for failure to prevent suicide poses significant risks, particularly for hospitals treating inpatients.
Failure to supervise is a key area of legal vulnerability.
The outcomes suggest a trend favoring claimants in these specific legal actions.

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