Factors associated with psychiatric malpractice: How to avoid being sued for it

Abstract Professional negligence by a doctor is called malpractice. Psychiatrists are not often sued for malpractice but the cost of defending such legal actions has increased dramatically. A study of malpractice claims revealed that dissatisfaction with treatment, particularly medication, was the most frequent complaint. Typical patients were depressed, had seen their doctor for less than one month, and complained of physical injuries more often than emotional trauma. Many of the lawsuits filed against psychiatrists were abandoned, some were settled by negotiation, and very few were tried in court. Of those tried, the defendant psychiatrist prevailed in 95 per cent of cases. The average cost of closing a case was £10,140 (US$15,920). The significance of these findings is discussed. Review of a large number of psychiatric malpractice cases suggests that the quality of the doctor-patient relationship is a major factor in a patient's decision to sue.