Is liability possible for forensic psychiatrists?
Forensic psychiatrists are not as vulnerable to liability as general psychiatrists. The absence of a traditional physician-patient relationship and judicial and quasijudicial immunity are all protective against malpractice actions. Although the absence of a doctor-patient relationship removes an essential element of malpractice, other types of liability such as defamation and ordinary negligence are possible and may not be covered by malpractice insurance. A model is proposed for forensic psychiatry of a partial secondary doctor-patient relationship out-weighted in most circumstances by duties to truth and/or the hiring attorney. Such a model seems most consistent with conflicting duties currently forced on all psychiatrists. This model has advantages of a duty, a violation of which is likely to be covered by malpractice insurance. Rather than deemphasizing partial secondary physician-patient responsibilities, it is advised to stress the important protection provided by judicial and quasijudicial immunity.
Weinstock
R
R
West Los Angeles Veterans Affairs Medical Center, CA 90073, USA.
Garrick
T
T
D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D007351:Insurance, Liability / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010817:Physician-Patient Relations; D014481:United States