In psychiatry, as with other specialties of medicine, there are chances of a doctor misdiagnosing his patient. If this happens to you and you would like to pursue legal action against the offending doctor, medical malpractice lawyers are the first people to look for. An experienced personal injury lawyer will help you prove your case in court. He will prove that your right to proper care was breached and seek compensation for the emotional and physical distress that was brought about as a direct result of that breach.
When Is A Doctor Negligent?
When Is A Doctor Negligent?
More and more people are seeking the services of psychologists. The duties that a psychologist is charged with are to diagnose and treat mental disorders as well as emotional problems. These duties must be carried out with a high standard of care; a standard which applies to all physicians. If the psychologist does not uphold that standard of care, he is guilty of negligence. If his negligent actions or inaction lead to the condition of his patient worsening he is liable and can be sued for malpractice.
A psychologist is guilty of negligence if he does any of these:
A psychologist is guilty of negligence if he does any of these:
Gives an improper diagnosis
Does not properly monitor his patient
Prescribes the incorrect medicine for the condition his patient is suffering from
Prescribes medication if he isn't certified to do so
Causes the wrongful death of his patient
Causes his patient to commit suicide
Suing For Malpractice
It's extremely hard to prove psychological malpractice. You'll need hard evidence to prove that your doctor did mishandle his responsibilities. If you do choose to sue your physician for malpractice it'll be on you to prove that his actions lead to your condition becoming worse. Your lawyer will most likely hire experts -psychologists themselves- to testify that the standard of care was indeed breached. Conversely, the defense team will focus on mitigating factors; things that you or somebody else may have done that actually caused your physical or emotional distress. This typically takes a long time. It often takes months until a case is settled and even then there is no guarantee you will win your case. If the doctor is found guilty of malpractice, you could be awarded damages for the distress suff
A psychologist is guilty of negligence if he does any of these:
A psychologist is guilty of negligence if he does any of these:
Gives an improper diagnosis
Does not properly monitor his patient
Prescribes the incorrect medicine for the condition his patient is suffering from
Prescribes medication if he isn't certified to do so
Causes the wrongful death of his patient
Causes his patient to commit suicide
Suing For Malpractice
It's extremely hard to prove psychological malpractice. You'll need hard evidence to prove that your doctor did mishandle his responsibilities. If you do choose to sue your physician for malpractice it'll be on you to prove that his actions lead to your condition becoming worse. Your lawyer will most likely hire experts -psychologists themselves- to testify that the standard of care was indeed breached. Conversely, the defense team will focus on mitigating factors; things that you or somebody else may have done that actually caused your physical or emotional distress. This typically takes a long time. It often takes months until a case is settled and even then there is no guarantee you will win your case. If the doctor is found guilty of malpractice, you could be awarded damages for the distress suff
It's extremely hard to prove psychological malpractice. You'll need hard evidence to prove that your doctor did mishandle his responsibilities. If you do choose to sue your physician for malpractice it'll be on you to prove that his actions lead to your condition becoming worse. Your lawyer will most likely hire experts -psychologists themselves- to testify that the standard of care was indeed breached. Conversely, the defense team will focus on mitigating factors; things that you or somebody else may have done that actually caused your physical or emotional distress. This typically takes a long time. It often takes months until a case is settled and even then there is no guarantee you will win your case. If the doctor is found guilty of malpractice, you could be awarded damages for the distress suffered.
In every field of medicine you will find cases of medical malpractice. Proving psychological malpractice is particularly difficult so having the help of medical malpractice lawyers could be your best bet in successfully suing your doctor. Your lawyer will put together a team of witnesses and experts who will testify that your condition worsened as a direct result of the negligence of your doctor. Your actions may be highlighted by the defense as well. These suits do take time, so prepare yourself for a possibly long battle.
About the Author:
In every field of medicine you will find cases of medical malpractice. Proving psychological malpractice is particularly difficult so having the help of medical malpractice lawyers could be your best bet in successfully suing your doctor. Your lawyer will put together a team of witnesses and experts who will testify that your condition worsened as a direct result of the negligence of your doctor. Your actions may be highlighted by the defense as well. These suits do take time, so prepare yourself for a possibly long battle.
About the Author:
Scarlett Schuler is really fascinated with featured small businesses and she has frequently contributed articles for Oatley Vigmond.