Lawsuit Advances & Pre-Settlement Funding

Psychiatric Malpractice

Psychiatric malpractice falls under the same burden of proof as medical malpractice in that it involves an act or omission by a psychiatrist that results in failure to meet the standard of care for a patient population. There are certain elements essential for proof of psychiatric malpractice: the legal duty of the provider to care for the patient, the breach of that duty when the provider failed to provide standard of care to the patient, that breach as the proximate or direct cause injury or harm to the patient, the psychiatric professional deviated from accepted medical standards of care, and pecuniary or emotional damage as a result of the malpractice. If there is no damage, there is no basis for a civil claim despite negligence on the part of a provider. Damages awarded include those of a compensatory nature and in the case of wantonly reckless behavior, those of a punative nature. Each state has its own statute of limitations for filing medical malpractice claims.

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