Psychiatrist and Psychologist Liability for Patient's Harm to Self and Others, Unjustified Involuntary Commitment
Suicide After Examination; Harm Generally and in the Workplace
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, October 24, 2019
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will address four complex and interrelated areas of liability for medical practitioners who care for individuals with mental health issues: (1) patient suicide or other self harm; (2) harm to others, generally, for a patient's violent acts; (3) potential harm in the workplace to employees injured by the patient; and (4) consequences of a wrongful directive for involuntary commitment. These exposures require the trial lawyer to balance the medical professional's duties to the patient, duties to others, and the need to self-protect in developing a strategy to prevail.
Mr. Caudill is the managing partner of the psychology department of Callahan, Thompson, Sherman & Caudill,LLP. He is a graduate of Michigan State University (B.A. in Psychology with high honors, Honors College, Phi Beta Kappa, 1972) and Georgetown University Law Center (J.D. 1976), and is an active member of the California bar and an inactive member of the District of Columbia bar. Mr. Caudill has represented mental health professionals in civil suits and licensing board cases since 1982. He is a recognized expert in the area of defense of mental health professionals, both in the civil and administrative contexts. Mr. Caudill represented mental health professionals in the precedent setting cases of Krikorian v. Barry, Gootee v. Lightner, and Trear v. Sills. He has helped professional groups formulate ethical standards. In 1999 Mr. Caudill received the Silver PSI award from the California Psychological Association, Division of Professional Practice for outstanding contribution to the profession of psychology.
Mr. Fraser devotes his legal practice exclusively to helping people injured as a result of the negligence of others. He believes that as attorneys we possess a unique opportunity to help make the lives of the people we represent better. Mr. Fraser takes a client-centered and results-based approach to each case and every person he represents.He is an experienced attorney who is dedicated to providing the best possible legal representation to his clients. Mr. Fraser's legal practice is focused on medical malpractice, personal injury, wrongful death, and appeals in state and federal court. He is licensed to practice law in Oregon, Washington, and Idaho.
As an increasing number of individuals seek and receive treatment for mental health concerns, caregivers and healthcare providers increasingly find themselves facing litigation. Such litigation differs from traditional malpractice litigation on almost every level. The workings of the mind do not often manifest physically, so lawyers trying such cases must go beyond the surface.
One claim arises out of harm to the patient when the provider does not recognize the signs of a possible suicide or other self-harm. Litigation ensues, brought either by the family of the deceased, or the one who engages in self-harm. There is also exposure to liability to the patient in instances where the professional wrongfully "signs off" on involuntary commitment of the patient.
Harm to others is also an issue. If a practitioner is negligent in detecting an intent to cause harm or fails to report possible danger, that practitioner may be exposed to claims.
Listen as this panel of trial lawyers steeped in such issues imparts their expertise on the substance and process behind pursuing and defending these claims. In addition to technical legal matters, the panel will provide information and advice regarding critical strategic issues.
- Claims for patient suicide
- Claims for harm to others
- In general
- In the workplace
- Statutory duties and protections
- Involuntary commitment
The panel will review these and other challenging matters:
- The nature of exposures faced by these caregivers
- Statutory constructs regarding duties to report
- Duties regarding involuntary commitment
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