MALPRACTICE RISKS CONFRONTING THE PSYCHIATRIST: A NATIONWIDE FIFTEEN-YEAR STUDY OF APPELLATE COURT CASES, 1946 TO 1961
Abstract
It is remarkable that this small series of clinical-legal psychiatric cases reflects nearly all the legal trends relating to malpractice found within high risk groups in medical practice : eminence is no protection against being sued for negligence; the courts are expecting a higher duty of care from the psychiatrist as the specialty gains status in the eyes of medicine and law; awards are beginning to appear against psychiatrists, and in increasing amounts; claims on the basis of unenlightened consent and breach of warranty are beginning to appear; the law of warranty, generally, is being applied in more cases; and the relative immunity from negligence action formerly enjoyed by hospitals (including charitable organizations) is rapidly being lost, if recent court decisions continue to prevail.
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