No psychiatrist or physician specializing in mental health in New York City wants to be at the receiving end of a malpractice lawsuit or a board complaint. However, a lot of these healthcare providers face such complaints for the simple reason that malpractice occurs and has devastating consequences to patients. Fortunately, with the help of a medical malpractice attorney in NYC, patients or their families that are victims of psychiatric malpractice can find justice.
Psychiatric malpractice is the failure of a doctor to exercise a degree of skill expected of him in the treatment of mental illness, which has led to personal injury or even death of the patient. In the case of a psychiatric patient, wrongful death usually involves suicide. Psychiatric or psychological negligence is indictable by law and anyone who suffered or representing a sufferer of such act can file a lawsuit against the doctor in question.
A medical malpractice lawyer in New York City can help a complainant or his family obtain justice by first establishing a case of malpractice then proving it in court. There are four factors that establish a case of psychiatric malpractice—doctor-patient relationship, breach of duty of reasonable care, injury, and causal link between the injury or death and the alleged negligence. The lawyer will gather necessary evidence to prove that majority or all of the four factors are present beyond reasonable doubt.
During court proceedings, other factors besides proper establishment of the case may influence the case in favor of the plaintiff or his family. In her article for ClinicalPsychiatryNews.com, Alicia Gallegos discusses how the accused doctor’s behavior can greatly affect the verdict of the jury and the judge. If the accused fails to provide understandable explanation to the alleged incident and provided his statements arrogantly and vaguely, the case may continue in favor of the plaintiff.
Most reliable psychiatric malpractice lawyers such as those from The Law Offices of Joseph Lichtenstein hire top expert witnesses to provide a clear explanation of the case in court. An expert witness is a professional specializing in the field of psychiatry or any field whose knowledge gives him or her authority to provide scientific explanation as proof of the case. The lawyer can help produce the technology necessary to prove the claim right. All of these can be done for the victim’s compensation and deserved justice.
If you or a loved one is a victim of psychiatric malpractice, consider hiring an experienced lawyer from established firms like The Law Offices of Joseph Lichtenstein. Unlike other types of medical malpractice, psychiatric malpractice cases could be quite difficult to establish. You need the assistance of a lawyer who’s been in practice for years, even decades to ensure victory.
(Source: Judges reveal secrets to successful malpractice trials, ClinicalPsychiatryNews.com)