title: Double jeopardy: suicide and malpractice.
abstract: Psychiatric malpractice is not a common occurrence. However, the suicide of a patient under treatment is an event that may lead to legal action. The author details the basic facts and ideas necessary to an understanding of this phenomenon. The plaintiff must ultimately prove that there was a dereliction of professional duty that led directly to the death. Several cases from the legal literature are presented to illustrate how judges evaluate this type of claim. Recommendations designed to minimize the risk of being found negligent are offered, and include detailing the specifics of suicide precautions, careful documentation of decisions to grant patients increased freedom, consultation from supervisors or colleagues, and outreach to survivors. Suicide is not always preventable, but following appropriate standards of care is likely to convince the court that no liability need be attached to the patient's demise.
mesh_terms: D000328:Adult; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D006778:Hospitals, Psychiatric / Q000331:legislation & jurisprudence*; D006801:Humans; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009518:New York; D012306:Risk; D012449:Safety; D012565:Schizophrenic Psychology; D013405:Suicide / Q000331:legislation & jurisprudence* / Q000523:psychology