Millions of American families have been affected by the suicide of a loved one. If yours is one of them, you have our sincere sympathies. The fact that suicide is common doesn’t make it any less devastating. It can be all the more devastating if your loved one was in treatment and you believe their provider should have done more to prevent the tragedy.
Sometimes people suffering from depression conceal their suicidal intent from others, including their mental health providers. But often, with proper screening, it’s possible for psychiatrists and other providers to assess suicide risk and take action to prevent suicide. A psychiatrist who doesn’t take reasonable steps may be liable for medical malpractice.
Psychiatrists, like all doctors, have a duty of care to their patients; they should act as a reasonable doctor would under the same circumstances. Liability for medical malpractice can arise when the doctor breaches this duty of care, and the patient suffers injury, including suicide, as a result.
Some of the scenarios that may result in suicide malpractice liability include:
If a patient appears depressed, has a history of depression, or shows warning signs of suicide, a psychiatrist has a duty to perform an assessment for suicide risk. If a doctor ignores signs of suicidal ideation, doesn’t perform a lethality assessment asking about suicidal intent, whether the patient has a plan to commit suicide and the means to carry it out, or history of suicide attempts, they may be committing medical malpractice.
A treating psychiatrist generally has a duty to update a patient’s suicide risk assessment when new developments arise, like worsening symptoms, new life stressors, or the patient has undergone a medication change.
If a patient is identified as a suicide risk (or reasonably should have been), a provider can also be liable for failing to implement a safety plan to keep the patient from harm. Safety plans vary according to the circumstances but often include helping the patient develop internal coping strategies, identifying external support systems, and helping the patient understand how and when to access emergency services. A critical part of most safety plans includes eliminating access to means of self-harm, such as by removing weapons from the home or having a family member take control of the patient’s medications.
Patients in outpatient mental health treatment, especially those with a history of suicide attempts or suicidal ideation, should be monitored on a regular basis to ensure their well-being. Inadequate monitoring may look like extended gaps between scheduled appointments when a patient is unstable; failure to monitor the patient more closely after a medication change; or not following up with the patient after they miss a scheduled appointment with the provider.
Failing to appropriately coordinate care with other mental health professionals or doctors, or to communicate risk to family members (when permitted) can allow a suicidal patient to “fall through the cracks” and not get the support they need when they are at increased risk of suicide.
Patients at risk of suicide may seek care in a hospital-based setting, or may be brought to the hospital by family members or emergency services. Discharging a high-risk patient from the emergency department or prematurely discharging a patient from inpatient mental health care can lead to liability for a doctor and the facility.
A hospital or institution can also be held liable for a patient’s suicide when it fails to adequately train or supervise staff caring for mental health patients or doesn’t maintain adequate staffing so that at-risk patients can be properly monitored.
Of course, not every suicide can be attributed to a professional’s negligence, but when care providers do not act reasonably to prevent a patient’s self-harm, they may be held liable.
Most “suicide malpractice” cases involve patients who are under a doctor’s care or who present to an emergency room or clinic for treatment. However, police or corrections facilities can also face liability when someone in their custody commits suicide.
A detainee or prisoner’s suicide may not be considered medical malpractice in these settings, but there is a heightened duty of care because officers control the environment and detainees cannot leave to seek help. Liability for officials may spring from:
Regardless of the setting, there are few things more devastating than losing someone to suicide when the professionals in a position to keep them safe failed to do so.
Losing a loved one to suicide is one of life’s most painful experiences. While nothing can bring your family member back, holding the care providers who should have protected them accountable can bring a sense of closure. To learn more, contact the Fraser Law Firm to schedule a consultation.
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