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Cowgirl Lawyer
Cowgirl Lawyer, Attorney
Category: Personal Injury Law
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Experience:  Attorney for 22 years, including personal injury.
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Can you sue a psychiatrist for malpractice My 13 year old

Resolved Question:

Can you sue a psychiatrist for malpractice? My 13 year old was admitted into Mesa Vista hosptial by us, her parents to treat her mania and depression. The psychiatrist told us her behavior was not a result of being bipolar and that she was ready to come home after only 3 days. He also lied and said that the insurance had only approved her for three days. My husband told him that we didn't want her to come home until her behavior was under control, since safety was an issue. He was very "irritated" and later told her that the reason she wasn't going home after he told her she was discharged was because her dad would not allow her to come home. At the time we were angry and filed grievences but now, only a month later, she is in another facility due to her anger and unmanageable behavior-even on a new medicine with a new psychiatrist. We feel that part of the problem now, in addition to her bipolar, is that she doesn't feel that we love her due to what he told her.
Submitted: 8 years ago.
Category: Personal Injury Law
Expert:  Cowgirl Lawyer replied 8 years ago.

Yes, it is generally possible to sue a psychiatrist for malpractice. In order to do so, you must be able to establish that the psychiatrist's treatment fell below the accepted standard of reasonable medical practice (this is the malpractice portion of the claim). And, you must be able to prove that, as a result, significant harm occurred (this is the damages portion of the claim).

The specifics of such a lawsuit depend, of course, on your particular jurisdiction (what state you live in). Many states now have limitations on malpractice claims and such claims may have to pass through various screening processes in order to weed out allegedly frivolous claims.

If you are interested in pursuing a claim against the psychiatrist, you will want to consult with a personal injury lawyer locally who deals with medical malpractice claims. You can expect that if an attorney believes you have a good case, that the attorney will take the case on a contingency fee basis, meaning that you do not pay the attorney unless the case is either settled or won after trial.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

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