Are psychiatric malpractice claims difficult to prove?

Asked about 1 year ago - Woodland Hills, CA

In 2008 I started seeing a psychologist for chronic, mild depression (dysthymia). While there this became major recurrent depression and anxiety. I have records showing that the dr never adjusted my meds as my condition worsened, keeping me on minimal doses of Wellbutrin, then Celexa. She never referred me to cognitive behavior therapy, and she did not refer me to another counselor. She basically saw me for 10 minutes or less, and only refilled prescriptions and asked how I was feeling in the general sense. I didn’t realize this until I saw my new dr, and I saw the records for a disability claim. My condition got worse, as did my quality of life and ability to function properly. Her notes back all of this up. Is there a potential claim there if I didn’t commit or attempt suicide?

Attorney answers (4)

  1. Eduardo A. Brito

    Contributor Level 10

    5

    Lawyers agree

    Answered . Mr. Fabiano nailed it. Important to consult an experience malpractice attorney to assess your claim, obtain your records and have them reviewed by a qualified professional.

    Please note: This post and all others I make on Internet are for informational purposes only. None of the... more
  2. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . Very difficult case to prove if you are able to walk and function. Hard to second guess the doctor. However, as pointed out, get an attorney to review your psychiatric record and let his expert advise him as to whether there is or not a potential malpractice case. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  3. Philip Anthony Fabiano

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Whether you have a claim or not does not depend on whether or not you attempted suicide. In order to have a viable claim you must demonstrate that the care you received fell below the applicable standard of care AND was a recognised cause of your current worse condition. (The applicable standard of care simply means that the doctor treated you in a way that similar doctors would not have done under the same or similar circumstances.) This is done by retaining a lawyer who is willing to gather your records and have them reviewed by a psychiatric expert who offers an opinion that the standard of care was breached and you suffered an injury. There is no viable claim unless and until such an opinion is secured.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Fabiano laid it out well

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