Academic Psychiatry 21: 11-25,
March
1997
© 1997 Academic Psychiatry
Malpractice and the Psychiatrist
A Primer for Residents
Douglas Mossman M.D.1 and
Marshall B. Kapp J.D., M.P.H.2
1 Division of Forensic Psychiatry
2 Office of Geriatric Medicine and Gerontology, Wright State University (WSU) School of Medicine
Dr. Mossman, WSU Department of Psychiatry, P.O. Box 927, Dayton, OH 45401-0927.
Over the past two decades, the number of malpractice claims filed against psychiatrists has risen steadily, so that about 6% of all psychiatrists are named in new lawsuits each year. Psychiatrists-in-training are just as susceptible to lawsuits as their board-certified colleagues, and psychiatric residents work in settings where the likelihood of events that generate litigation is high. This primer introduces residents to the major issues involved in psychiatric malpractice. The article also discusses aspects of clinical practice that are especially affected by potential malpractice liability and outlines practical methods for limiting vulnerability to adverse malpractice litigation.
