Psychiatrist Liability

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. ..