Negligent Psychiatric Care

Psychiatric treatment is medical care. Psychiatrists, psychiatric nurses and the hospitals and clinics they work for are expected to diagnose carefully, prescribe and monitor medicines safely, keep patients safe on the unit and plan discharges that match the risk. Negligent psychiatric care claims arise when one of those steps fails and a person is hurt. A psychiatric malpractice lawyer looks at the specific decision that went wrong, not at whether treatment helped.

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.

Medication prescribing and monitoring

Many psychiatric medicines need close follow-up. Problems that lead to claims include:

• Lithium levels not checked: lithium has a narrow range of safety, and dehydration, other medicines and illness can push levels into a toxic range2
• Antipsychotics continued without watching for movement side effects; tardive dyskinesia can become permanent even after the drug is stopped3
• Benzodiazepines stopped or cut too quickly; FDA warns that abrupt changes can cause withdrawal reactions, including seizures that can be life-threatening4
• Dangerous drug combinations or doses not caught
• Required blood work or vital signs not ordered or not reviewed

A side effect alone is not negligence. Every medicine has risks. A claim asks whether the prescriber chose, dosed and monitored the medicine the way a careful prescriber would have.

Safety on an inpatient unit

Psychiatric units are built around safety. A review of an inpatient injury may look at:

• Observation levels: whether the ordered checks matched the risk and were done
• Environmental risks such as ligature points, unsecured items or unlocked areas
• Falls, especially for older patients or people on sedating medicines
• Assaults by other patients and how staff responded
• Elopement, when a patient leaves without permission
• Use of restraint or seclusion; see Physical Restraint & Seclusion Injuries

Diagnosis, involuntary holds and discharge

Some claims turn on a missed or wrong diagnosis, such as a medical condition treated only as psychiatric. Others turn on admission and discharge decisions. Every state has its own rules for emergency evaluation and involuntary holds, and a review applies the rules of the state where care took place.

Discharge is a frequent point of failure. A review asks whether the person was assessed before leaving, whether the plan was realistic and whether follow-up care was arranged. When suicide risk is part of the picture, see Failure to Assess Suicide Risk.

Who may be responsible

• Psychiatrists and psychiatric nurse practitioners
• Psychiatric hospitals, general hospital psychiatric units and emergency departments
• Outpatient clinics and telehealth providers
• Pharmacies, when the error was in dispensing

Sexual misconduct by a therapist or psychiatrist is a different kind of claim. See Therapist & Counselor Sexual Abuse.

How psychiatric malpractice claims work

Most states treat these as medical malpractice claims. That usually means:

• An expert in the same field must explain what the standard of care required and how it was breached
• Some states require an expert certificate or affidavit early; Arizona, for example, requires a certification about expert testimony and, when needed, a preliminary expert affidavit5
• Deadlines can be shorter than for other injury claims
• Some states cap certain damages in malpractice cases

Filing deadlines for a negligent psychiatric care 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 death6, and claims against a public entity or public employee must first be filed within 180 days7 Claims against licensed health care professionals also need a certification about expert testimony early in the case5.
• 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 psychiatric malpractice attorney to check the deadlines for your state early, while records still exist.

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Records that help a review

Records worth gathering

Treatment

• Admission and discharge records
• Medication administration records
• Psychiatry and nursing notes

Medicine

• Pharmacy printouts
• Lab results, such as drug levels
• Prescription bottles

Injury

• Records from the hospital or doctor who treated the injury
• Photos
• Bills and work records

You have a right to most of your own medical records. We can help request them.

What happens after you contact CBW Law

How a review works

1. Tell us what happened

   Tell us where the treatment happened and what went wrong. You do not need every record first.

2. We identify the decision at issue

   We pin down the medicine, order, check or discharge the claim depends on.

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.

Mental health care is health care, and it is held to a standard.

Plain English

Medical, Health & Insurance

Terms you may see in psychiatric records.

Medicine terms

Tardive dyskinesia

Involuntary movements caused by antipsychotic medicines; may become permanent3.

Lithium toxicity

Too much lithium in the blood, which can happen gradually2.

Taper

Lowering a dose step by step instead of stopping suddenly.

Care terms

Observation level

How often staff must check on a patient, up to constant one-to-one watch.

Involuntary hold

A short-term emergency admission under state law.

Standard of care

What a careful provider in the same field would do in the same situation.

Questions

Negligent psychiatric care lawsuit questions

Short answers to the questions people ask first.

What is a negligent psychiatric care lawsuit?

A malpractice claim that a psychiatric provider made a decision a careful provider would not have made, and that it caused an injury.

Is a bad reaction to a medicine enough for a claim?

Not by itself. A psychiatric malpractice lawyer looks at whether the medicine was chosen, dosed and monitored properly.

Can I bring a claim if I was held involuntarily?

A hold is not a claim on its own. Injuries during the hold, or a hold that did not follow state law, may be reviewed.

Can a hospital be responsible for an assault by another patient?

Sometimes. A psychiatric malpractice attorney looks at supervision, observation and what staff knew.

Should I stop my medicine?

No. Do not change any medicine without your prescriber.

Do I need an expert?

Usually, yes. Most states require expert support for malpractice claims, and some require it early.

How long do I have to file?

It depends on the state. Malpractice deadlines are often shorter than other injury 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 psychiatric provider's mistake left you or someone you love hurt, a psychiatric malpractice 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 psychiatric malpractice claims. It is not legal or medical advice and does not create an attorney-client relationship. Do not stop or change any medicine without your prescriber. A side effect or poor outcome does not by itself show negligence. Laws and deadlines differ by state, and no outcome can be promised.