Psychiatric Medical Malpractice in New Jersey
While most patients associate medical malpractice with doctors and surgeons, mental health professionals such as psychiatrists, psychologists, and other mental health providers such as nurses and social workers have the same duty to exercise reasonable care when caring for their uniquely vulnerable patients. One of the unique forms of malpractice in this especially sensitive context involves cases in which a practitioner takes advantage of a vulnerable patient. Another is where a psychiatrist or psychologist is aware that a patient intends to hurt himself/herself, but fails to take action to protect the patient. Another type of claim is where the psychiatrist or psychologist is aware that a patient intends to hurt another person, but fails to take action to warn/protect the other person.
What is Psychiatric Medical Malpractice?
The experienced psychiatric and mental health malpractice attorneys at Mazie Slater Katz & Freeman can help you or a loved one navigate the complex procedural hurdles associated with a malpractice case whatever the cause may be.
Common types of psychiatric malpractice include:
- Medication errors including providing a patient with the incorrect medication or the correct medication at the incorrect dose
- Failure to diagnose or misdiagnosis of a mental illness
- Negligent supervision or monitoring
- Failing to recognize or respond to signs or threats of suicide
- False imprisonment or improper use of restraints
- Physical abuse
- Sexual misconduct
- Verbal abuse or threats
- Premature discharge from an inpatient or outpatient facility.
- Breach of privacy or confidentiality
- Failure to get informed consent for treatment
How to Pursue a Psychiatric & Mental Health Malpractice Cases
Any mental health practitioner who owes you a duty of care may be liable for malpractice if their care is negligent. To prove whether or not a medical professional’s actions constitute malpractice, your attorney must prove the following four elements: duty, breach, causation, and damages. If your lawyer can prove that a negligent practitioner’s actions constituted medical malpractice, you can hold the practitioner accountable in a lawsuit for compensation.
Usually, New Jersey has a two-year statute of limitations for all personal injury actions, including psychiatric and mental health malpractice claims. There are some exceptions. A statute of limitations prevents you from filing a claim after a defined period with limited exceptions. For this reason, you should contact an attorney immediately because you have only a short period to file a lawsuit and the statute of limitations has started running the moment you were injured.
Have a Mental Health Malpractice Claim in New Jersey? Contact Mazie Slater
Mental health malpractice claims, including psychiatric malpractice, are very complicated and present many unusual procedural obstacles. It is imperative to find an experienced attorney to assist you with these claims. At Mazie Slater Katz & Freeman our experienced malpractice/personal injury attorneys will vigorously represent your interests. Our firm is one of the most reputable personal injury firms in New Jersey, and we have passionately represented our clients for years. Learn more about our other successes in psychiatric and other medical malpractice actions and call for a free consultation, today.