Electroconvulsive Therapy Malpractice: Verdict for the Defense.
OBJECTIVE
Malpractice cases involving electroconvulsive therapy (ECT) are rare. Even rarer are those malpractice cases alleging ECT-related brain damage. The few cases of ECT malpractice lawsuits are not described in the medical literature in detail.


METHODS
We provide a detailed account of a case of a patient and subsequent alleged ECT-related malpractice. The details of the case were collated using the handwritten notes of one of the authors who was present at the trial and the pretrial documents of discovery that were entered into evidence.


RESULTS
The plaintiff alleged complete autobiographical amnesia after ECT, supposedly as a result of ECT-related brain damage. The defense was aided by the presence of extensive neurological examination and brain imaging both before and after ECT. The defense team also offered to the jury the concept of "dissociative amnesia" as an alternative explanation for the plaintiff's memory complaints. The case went to trial and was successfully defended.


CONCLUSIONS
Electroconvulsive therapy malpractice cases alleging brain damage can be successfully defended, and the successful defense is aided by adequate documentation before, during, and after ECT.


CONCLUSIONS
Malpractice cases, especially if they are baseless, can occur unpredictably, but they can be defended if the medical documentation is thorough.
From the *Sutter Center for Psychiatry, Sacramento, CA; and †Department of Psychiatry and Health Behavior, the Medical College of Georgia, Augusta, GA.
Theodore
T
Goodman
W Vaughn
WV
McCall
D000328:Adult; D000647:Amnesia / Q000209:etiology / Q000523:psychology; D000758:Anesthesia; D000928:Antidepressive Agents / Q000627:therapeutic use; D001921:Brain / Q000473:pathology; D003865:Major Depressive Disorder / Q000523:psychology / Q000628:therapy; D004282:Documentation; D004565:Electroconvulsive Therapy / Q000009:adverse effects / Q000331:legislation & jurisprudence*; D006801:Humans; D008297:Male; D008306:Malingering / Q000175:diagnosis / Q000523:psychology; D008318:Malpractice / Q000331:legislation & jurisprudence*; D061212:Memory, Episodic; D009460:Neurologic Examination
D000928:Antidepressive Agents