Legal issues of professional negligence in suicide cases.
Suicide is the eleventh leading cause of death, accounting for almost 30,000 deaths each year in the United States. The loss of a patient to suicide is the most feared outcome among mental health professionals, while the fear of litigation and liability after such suicide may be a close second. This article will familiarize mental health professionals with the legal issues of professional negligence in suicide cases. We begin with an introduction to malpractice liability for suicidal patients, followed by an explanation of the essential elements of professional negligence and relevant legal terminology. We then discuss general theories of liability involving suicide, and provide illustrative legal case examples. We conclude with a discussion of risk management procedures that can substantially reduce one's exposure to malpractice liability.
Packman
Wendy L
WL
Pacific Graduate School of Psychology, Palo Alto, CA 94303, USA. woacjnan@pgsp.edu
Pennuto
Tracy O'Connor
TO
Bongar
Bruce
B
Orthwein
Jennifer
J
D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D013405:Suicide / Q000331:legislation & jurisprudence*; D014481:United States