If you suspect you have been the victim of psychiatric or mental health malpractice in the Chicago area, a Chicago psychiatric malpractice lawyer from our medical malpractice law firm, The Kryder Law Group, LLC Accident and Injury Lawyers is ready to help you understand your legal rights and seek justice for any harm caused.
In this Article
What is Psychiatric Malpractice in Chicago?
Psychiatric medical malpractice can encompass a wide range of actions or failures to act on the part of a mental health professional, including:
Misdiagnosis or failure to diagnose a mental illness
Prescribing incorrect medication or dosage
Failure to properly monitor and treat side effects of medication
Negligent or inappropriate treatment, such as experimental procedures or therapy techniques
Failure to obtain informed consent from the patient before administering treatment
Sexual misconduct or boundary violations with a patient
Who Can Be Held Liable for Psychiatric Malpractice in Chicago?
Medical malpractice cases can be brought against any licensed mental health professional, including psychiatrists, psychologists, therapists, and counselors. In some cases, the facility or institution where the mental health professional treats mental health disorders, may also be held liable for their actions.
How Chicago Psychiatric Malpractice Lawyers Prove a Case of Psychiatric Malpractice
In order to win psychiatric malpractice cases, attorneys must show mental health providers had:
Duty
Medical professionals owe a duty to the patient; duty begins when a doctor-patient relationship is established through examination, diagnosis, or treatment.
Dereliction
The medical professionals’ actions fell below acceptable care standards.
Damages
A malpractice suit requires proving the mental health professional’s breach of duty harmed the patient when the standard of care was not met.
Direct Causation
To win a psychiatric malpractice lawsuit, a plaintiff must show their damages directly resulted from the psychiatrist’s medical negligence.
Common Allegations of Negligence in Psychiatric Malpractice Claims
According to the American Psychiatric Association, data from 30 years of psychiatric malpractice claims show that the most frequent cause is suicide or attempted suicide, followed by incorrect treatment. Other claims include confidentiality breaches of medical records, risk assessment failures, boundary violations, improper psychopharmacology, and mandatory reporting failures.
Damages Available in a Chicago Psychiatric Malpractice Case
You may be entitled to compensation for damages such as:
Medical expenses related to correcting the negligent treatment
Lost wages due to missed work or lost earning potential
What You Can Do If You Suspect Psychiatric Malpractice in Chicago
If you believe you have been the victim of psychiatric abuse, take these steps to protect your legal rights:
Document any symptoms or issues experienced since receiving treatment from the mental health professional, including any changes in your condition or side effects from medication.
Obtain a second opinion from other medical professionals to confirm the validity of your concerns.
Contact a Chicago psychiatric malpractice lawyer as soon as possible to discuss your case and determine the best course of action for seeking justice.
Statute of Limitations for Filing a Claim for Psychiatric Malpractice in Chicago
In Illinois, the statute of limitations for filing a psychiatric malpractice claim is generally two years from the date you discovered the harm.
Contact a Chicago Psychiatric Malpractice Lawyer Today
If you suspect you have been abused by mental health professionals, call us for a free consultation. A seasoned attorney from our legal team at The Kryder Law Group, LLC Accident and Injury Lawyers will discuss your situation and determine if a mental health malpractice claim is warranted.
If you or someone you love has been injured by the negligence of a mental health professional, speak to us.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
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$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
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$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
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$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
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$415,000
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$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
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$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
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