It’s very possible for mental health professionals to commit medical malpractice in a number of ways. The most common medical malpractice claim involves the prescription of medication that can severely affect the mental or physical health of the patient or errors in administering treatment. You should immediately consult a New Bedford medical malpractice lawyer if you or a loved one has been harmed due to the negligence of a medical malpractice professional.

According to a 2019 report published by Medscape, 41 percent of psychiatrists in the US have been sued at least once. Some of the top reasons for legal action include:

• Wrongful death
• Disease progression or poor outcome
• Delayed treatment
• Medication errors
• Treatment complications

The Relationship Between You and Your Psychiatrist

The relationship between you and your psychiatrist requires a personal connection. Your psychiatrist must provide the highest standard of care in your current situation. This means that they have to provide you with the proper form of treatment or assistance given your current condition.

If they breach their duty of care you could be harmed in the process and this may require you to seek compensation. The breach can happen in a number of ways including but not limited to psychological trauma.

There are three ways that a mental health expert can commit medical malpractice and they include:

Exploiting the Trust They Have with You

When you seek treatment from a mental health expert, you expect that they will issue you with the best treatment possible for your condition. However, if they take advantage of your trust in them, they might cross existing boundaries. They can do this by:

• Introducing a sexual relationship
• Using the information you provide them against you
• Breaking the code of ethics.

Unprofessional Conduct

Your psychiatrist is expected to conduct themselves in the most professional manner by following the guidelines, laws, and code of ethics provided in the medical field. Any form of misconduct could lead to their licenses being revoked and being held legally liable for any harm caused to a patient. This also applies if you consented to a romantic or sexual relationship with them. Your psychiatrist should know better than to engage you in an unprofessional relationship; consensual or not.

Prescription Errors

If your psychiatrist prescribed the wrong dose, wrong medication, medication you are allergic to or even medication that has an adverse reaction with other medication you are taking then you might be able to hold them legally liable for your injuries. They owe you a proper analysis and a review of the medicine they are prescribing.

• How a Medical Malpractice Lawyer Can Prove Causation

Third-Party Liability Claims

If a patient shows signs of self-harm or even potentially harming other people, the psychiatrist is obligated to inform the authorities. Failure to follow proper guidelines in such situations can lead to the death of a patient or even the person they intend to harm. If this happens, the family of the patient or the victims can sue the psychiatrist for medical malpractice.

When You Must Prove for Your Medical Malpractice Claim to be Successful

You must prove three elements:

• They owed you a duty of care
• Negligence
• How their negligence caused you harm

Duty of Care

Once a psychiatrist provides you with treatment, they establish a doctor-patient relationship with you and generally owe you a duty of care. Proving they owed you a duty of care can be done through records such as payment for medication or treatment.

Negligence

If your psychiatrist breached the standard of care, they can be considered negligent. This means that their actions or inactions would be considered negligent by another psychiatrist with similar qualifications had they been faced with a similar situation.

In order to establish the appropriate standard of care, you require the help of an expert witness. Your New Bedford medical malpractice attorney should be able to consult an expert in mental health whose testimony will help your case in court. The expert witness can also testify how your psychiatrist breached the standard of care.

How Their Negligence Caused You Harm

You have to prove that the injuries or damages you suffered were a direct result of your psychiatrist’s negligence. Some of the damages you may suffer include:

• Pain and suffering
• Lost income or loss of earning capacity
• Cost of future treatment

Hire a New Bedford Medical Malpractice Lawyer Today

It is essential to seek the counsel of a New Bedford medical malpractice lawyer if you or a loved one has been harmed as a result of the carelessness of a mental health provider. To make sure you receive the compensation you are due, they will advocate for your rights, gather evidence to support your claim and guide you through the difficult legal procedure. Schedule an appointment with our skilled medical malpractice attorney right now to safeguard your rights and bring the negligent parties accountable. Don’t wait to seek justice.