Failure to Assess Suicide Risk

Hospitals, emergency departments and outpatient clinics use screening questions and follow-up assessments to find people at risk and act before they leave. A failure to assess suicide risk claim asks whether that work was done the way it should have been: whether the person was asked, whether a positive answer was followed up, whether the plan matched the risk and whether anyone checked in after discharge. A suicide risk lawyer starts with the records of each visit.

If someone is in danger now

Call or text 988, or chat at 988lifeline.org, to reach the 988 Suicide & Crisis Lifeline. It is free, confidential and available 24/71.

If a life is in immediate danger, call 911. Legal questions can wait.

What a suicide risk assessment is supposed to do

Screening and assessment are two different steps. A screen is a short set of questions. A positive screen should lead to a fuller assessment by a qualified clinician. The National Institute of Mental Health's adult outpatient worksheet, for example, is meant for mental health clinicians, physicians, nurse practitioners or physician assistants after a positive screen2. It covers:

• How often the person is thinking about suicide, and whether they are thinking about it now
• Whether there is a plan and access to the means to carry it out
• Past self-harm and suicide attempts, which NIMH calls the strongest risk factor for future attempts
• Symptoms such as hopelessness, isolation, substance use and sleep changes
• Supports, stressors and reasons for living
• A safety plan, coping steps and limiting access to dangerous means

The same worksheet says a no-suicide "contract" is not effective2. A signed promise is not a substitute for an assessment or a safety plan.

Warning signs that may be missed

A missed-risk claim often turns on information that was available but not acted on. Examples include:

• A positive screening answer with no assessment documented afterward
• A recent suicide attempt or self-harm visit not carried into the next note
• Family members who reported statements, giving away belongings or a recent loss, and were not heard
• A person discharged the same day as a crisis with no plan for follow-up
• Access to means discussed but never addressed with the person or family
• Medicine changes, intoxication or withdrawal that changed the risk picture

Hindsight is not the test. The question is what a careful provider would have done with the information available at the time.

Disposition, discharge and follow-up

An assessment should end in a decision that fits the risk. The NIMH worksheet uses four levels, from emergency psychiatric evaluation for someone at imminent risk to no further action needed now2. For people who need more evaluation, it calls for a mental health referral as soon as possible, preferably within 72 hours, and suggests a check-in call within 48 hours after a positive screen when possible2.

Questions a review asks about the discharge

Level of care

Did the decision to admit, observe or send home match what the assessment found?

Safety plan

Was there a written plan the person and family could use?

Referral

Was a follow-up appointment made, or only suggested?

Handoff

Did the next provider receive the information?

Gaps in any one of these do not prove a claim; together they show how the decision was made.

Who may be responsible

Depending on the facts, a failure to assess suicide risk lawsuit may involve:

• Emergency departments and hospitals, including the physicians and nurses who saw the person
• Psychiatrists, psychiatric nurse practitioners and other prescribers
• Outpatient clinics, counseling centers and telehealth services
• Primary care practices where risk came up during a visit
• Facilities that discharged or transferred the person

Claims against public hospitals or federal facilities have special notice rules, covered below. For a death in a jail, prison or other locked setting, see Suicide in Custody or Institutional Care.

After a suicide attempt or a death

Families and survivors come to these questions at different times. Some want answers right away; others need months. Both are fine. A few practical points:

• A person who survived an attempt can bring a claim for their own injuries
• After a death, a family member or the estate may bring a wrongful death claim under state law; see Wrongful Death
• You do not need a police report or an autopsy result before asking for a review
• Hospitals keep records for years, but requesting them early helps

Suicide is a leading cause of death in the United States3; there were 49,316 suicide deaths in 20234. Those numbers do not show that any provider was at fault. Each claim depends on its own records.

Filing deadlines for a failure to assess suicide risk lawsuit

Deadlines depend on the state, the type of defendant and when the injury was discovered. Examples:

• Arizona: generally two years for personal injury and wrongful death5, and claims against a public entity or public employee must first be filed within 180 days6 Claims against licensed health care professionals also need a certification about expert testimony early in the case7.
• California: two years for injury or death caused by another's wrongful act or neglect8. Separate, shorter rules can apply to claims against health care providers and public agencies.
• New York: three years for most personal injury claims9; two years and six months for medical malpractice, measured from the act or the end of continuous treatment for the same condition10; and a notice of claim within 90 days for most claims against a public entity11.
• Texas: two years for personal injury and wrongful death12. Claims against health care providers follow their own statute with added requirements.
• Federal facilities, such as a VA hospital or a federal prison: a written claim must first go to the federal agency, generally within two years13, before any lawsuit14.

Rules for children, people who lacked capacity and wrongful death claims can differ. Ask a suicide risk attorney to check the deadlines for your state early, while records still exist.

Tell Us Your Story →

Records that help a review

Records worth gathering

Visits

• Emergency and hospital records
• Screening and assessment forms
• Discharge papers and safety plans

Ongoing care

• Therapy and psychiatry notes, if available
• Medicine lists and pharmacy records
• Referral and appointment records

From family

• Texts or messages that showed concern
• Notes of what was said to staff, and when
• Death certificate, if a death occurred

You do not need any of these to contact us. We can request most records with your permission.

What happens after you contact CBW Law

How a review works

1. Tell us what happened

   Tell us where the person was seen and what happened afterward. Share only what you are comfortable sharing.

2. We map the contacts

   We list each visit, call and discharge so the timeline is clear.

3. We gather records

   With your permission, we request treatment, facility and billing records from the places involved.

4. We explain what we see

   We tell you what the records show, what questions remain and what options may be open, including deadlines.

Asking whether care fell short is not blaming the person who was hurt.

Plain English

Medical, Health & Insurance

Terms you may see in emergency, hospital and therapy records.

Assessment terms

Screen

A short set of questions to find people who may be at risk.

Brief suicide safety assessment

A fuller evaluation by a clinician after a positive screen2.

Safety plan

A written list of warning signs, coping steps, contacts and ways to limit access to means.

Care settings

Disposition

The decision at the end of a visit: admit, observe, refer or discharge.

Emergency psychiatric evaluation

Urgent evaluation for someone at imminent risk.

Records

Discharge summary

The note written when a person leaves a hospital or emergency department.

Collateral information

What family, friends or other providers report about the person.

Questions

Failure to assess suicide risk lawsuit questions

Short answers to the questions people ask first.

What is a failure to assess suicide risk lawsuit?

A claim that a provider did not screen for, evaluate, act on or follow up on suicide risk the way a careful provider would have, and that the failure contributed to an attempt or death.

Does a suicide after a hospital visit mean the hospital was at fault?

No. Suicide can happen even with good care. A suicide risk lawyer looks at what the provider knew and what it did with that information.

Can a family bring a claim after a death?

Yes. Depending on the state, a family member or the estate may bring a wrongful death claim.

Can someone who survived an attempt bring a claim?

Yes. A survivor can ask a suicide risk attorney to review their own care.

Do I need a police report?

No. You do not need a police report to ask for a review.

What if the person refused help?

That matters, and the records usually show it. A review also asks whether the provider assessed capacity, involved family where allowed and offered a safe plan.

How long do I have to file?

It depends on the state and the type of provider. Medical malpractice and public-hospital claims often have shorter deadlines.

What does it cost to contact CBW Law?

Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.

Tell Us Your Story

If a provider missed or ignored signs of suicide risk before an attempt or a death, a suicide risk attorney can review what happened.

Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.

Tell Us Your Story →Call (800) 476-2416

This page is general information about claims involving suicide risk assessment. It is not legal or medical advice and does not create an attorney-client relationship. If you or someone else is in danger, call or text 988 or call 911. A suicide after medical contact does not by itself show that care was negligent. Laws and deadlines differ by state, and no outcome can be promised.