When people see a psychologist, it means they need somebody to talk to–somebody they can trust. As a psychologist, it is your duty to ensure you do all you can to help patients get to a place mentally where they no longer need your assistance to be a happy, productive member of society. Fortunately, most psychologists do so, and therefore help people in need every day. However, some psychologists are negligent, and when they are, they may very well be accused of medical malpractice. A medical malpractice accusation can completely ruin your practice, so if you believe you were wrongly accused of medical malpractice, you must read on to learn more about your legal options going forward:
What constitutes medical malpractice?
For a patient to successfully sue a licensed professional for medical malpractice, he or she will first have to prove several things. It is important to understand that not every decision or piece of advice you give that did not help your patient is medical malpractice. For a patient to prove medical malpractice, he or she must first prove that he or she was, in fact, your patient and that you, therefore, owed him or her a duty of care. Next, the patient must prove that you deviated from the standard of care and that he or she was further harmed as a result. Additionally, the patient must even further prove that your actions led him or her to suffer significantly, either monetarily or mentally.
What are some examples of psychologist negligence?
Some of the ways in which a psychologist can behave negligently are as follows:
- Improperly diagnosing a patient
- Failing to diagnose or notice harmful conditions
- Sharing information without a patient’s consent
- Threatening or intentionally frightening a patient
- Falsifying patient records
- Failing to prevent a suicide
- Engaging in a romantic or sexual relationship with a patient
- Neglecting to conduct a suicide risk assessment
- Creating false memories
- Prescribing medications without informed consent
What happens when someone files a medical malpractice lawsuit against you?
When someone files a medical malpractice lawsuit, you will most likely be investigated by the Office of Professional Discipline, or OPD. This investigation can potentially lead to your termination, and therefore bar you from practicing. This is why it is so crucial you hire an experienced attorney who will aggressively combat a wrongful medical malpractice lawsuit.
Contact our experienced New York City firm today
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation. It may save your practice.