Duties to Third Parties

Malpractice Liability Due to Patient Violence

“…Collateral sources of information should be reviewed, such as past medical records and court dockets online, in addition to interviews with family, friends, or coworkers. Psychiatrists are less likely to be found liable if they collect a reasonable amount of information and make an informed clinical decision that turns out to be wrong than if they make an incorrect judgment based on an insufficient database (1).…”

“…Many members of society believe that mental health clinicians can identify which patients will commit serious violence. Fortunately, from a malpractice perspective, mental health clinicians are not required to predict who will commit violence and are not expected to prevent all acts of violence (1). Even with the use of current assessment instruments, risk assessment is only moderately accurate (2).…”

“…Although psychiatrists are not expected to predict violence, reasonable care generally involves conducting an adequate violence risk assessment when indicated. Psychiatrists are less likely to be found liable for patients' violent acts if an adequate violence risk assessment was conducted and interventions were offered that were appropriate for the risk (1). This is particularly important if the patient makes threats or shows clear evidence that she or he is at elevated risk for violence.…”