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The Tort Liability of the Psychiatrist

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Psychiatry is defined as "a branch of medicine that deals with mental, emotional, or behavioral disorders."Due to its very nature, psychiatric practice differs from that of other medical specialties, which minister primarily to bodily ills and discomforts. Consequently, the tort liability of the psychiatrist, as might be expected, is in many ways different from that of other practitioners.The psychiatrist must deal not only with psychiatric disorders of an organic nature, but also with the emotions and feelings of his patients. To a great degree, success in treatment is dependent upon the effective interaction between practitioner and patient. Psychiatric patients often institute litigation against their doctors during periods of temporary setback, when the relationship with the physician is far from optimaL. This paper will survey the areas of tort liability encountered by the psychiatrist, examining past and present trends, and suggesting guidelines to be followed which may minimize the risks involved. ..

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Mental Disturbance in the Law of Torts A Problem of Legal Lag

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In an era when the frontiers of psychology are steadily retreating before the inexorable advance of science, in an age when the average man is increasingly concerned with the impact of his emotional problems, in a society whose best-selling books include such tides as Peace of Mind and How to Stop Worrying and Start Living -in such a time and in such a culture, the courts have not yet extended a full measure of protection to the interest in mental and emotional tranquillity. It is perhaps the most underprotected interest in the law of torts. If it be true that positive law is the product of the numerous conflicts of interests which characterize every society, then tort law is the product of a specific conflict, that between individual freedom of action on the one hand and individual security on the other. The degree of protection afforded to various interests logically ought to be an index of the value placed upon them by our culture....

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Mental Disturbance in the Law of Torts- A Problem of Legal Lag

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INTRODUCTION

In an era when the frontiers of psychology are steadily retreating before the inexorable advance of science, in an age when the average man is increasingly concerned with the impact of his emotional problems, in a society whose best-selling books include such tides as Peace of Mind and How to Stop Worrying and Start Living -in such a time and in such a culture, the courts have not yet extended a full measure of protection to the interest in mental and emotional tranquillity. It is perhaps the most under- protected interest in the law of torts. If it be true that positive law is the product of the numerous conflicts of interests which characterize every society, then tort law is the product of a specific conflict, that between individual freedom of action on the one hand and individual security on the other. The degree of protection afforded to various interests logically ought to be an index of the value placed

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Law & Psychiatry: Responsibility for Torts: Should the Courts Continue to Ignore Mental Illness?

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Abstract

Although courts routinely consider whether a criminal defendant's mental illness makes punishment unfair, the rules are very different for civil liability. When people with mental illness harm others, courts refuse to consider their mental states in determining civil liability. The justifications offered for this rule range from the difficulty of assessing the impact of mental illness on behavior to the desire to place the burden of loss on the person who caused the injury. Undeniably, though, mental disabilities are treated differently from physical impairments, and the law's resistance to change seems largely based on misunderstanding and prejudice against mental illness....

(Psychiatric Services 63:308–310, 2012; doi: 10.1176/appi.ps.20120p308)

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A review of tort liability in involuntary civil commitment.

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Abstract

The grounds for liability in cases of involuntary civil commitment have been broadened in recent years. Psychiatrists and other mental health professionals have been found liable for infringement of civil rights under Section 1983 of the Civil Rights Act and for failure to commit an individual who is subsequently involved in a tragedy. This article reviews recent developments in tort liability in involuntary civil commitment as well as the traditional areas of tort liability, including malpractice, malicious prosecution, false imprisonment, and abuse of process. The authors believe that even in this climate of expanded liability, mental health professionals who follow the letter and spirit of civil commitment laws will continue to enjoy the broad protections from liability afforded them in the past...

PMID: 3596501

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