ABSTRACT

In this chapter, several of the specific liability issues that concern mental health professionals – especially psychiatrists – will be discussed and reviewed. As space does not permit all of the possible areas of psychiatric negligence that are not covered elsewhere in this volume to be covered, the present review is highly selective. The chapter will focus on negligence liability rather than liability for breach of contract, civil rights, intentional torts, or fraud which can also be brought against the psychiatrist, whether based upon the same conduct or otherwise. The present topics include the law of negligence, psychopharmacology, seclusion and restraints, suicide and attempted suicide, supervision of other healthcare professionals, and disclosure of medical error. The chapter begins with an overview of error in medicine.