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.
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
- Pain and suffering caused by the malpractice
- Emotional distress
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.
(312) 223-1700