Medical Malpractice or Suicide?

There was an article in the Psychiatric Times which detailed a "few simple steps" to pass on the blame in a suicide case and thereby "reduce your own risk for liability." This article was directed towards physians.

Phillip J. Resnick, MD described some of these strategies:

1. Advanced and detailed documentation of increased suicide case risk factors. He stated that this is the single most important factor; that the doctor can create a record of all signs of suicidal behavior well before the act.

2. The doctor should create a sense of responsibility to family, so that the patient and the patient's family see the suicide as a familial or group responsibility-not just the job of the doctor.

Understandably doctors are concerned with suicide cases, as they can lead to serious cases of medical malpractice. We also have every reason to believe that some doctors are genuinely concerned about the wellbeing of their mentally ill patients. So who is at fault when a suicidal patient goes through with his urge to die and succeeds in killing himself?

It depends on the circumstances. A suicide case may not be entirely the patient's fault, especially if the patient was relatively stable before taking new medication or undergoing new psychotherapy with a therapist. Legally speaking, and according to Dr. Resnick, the two major considerations in a suicide case are: foreseeability (the ability of the doctor to sense a problem) and precautions taken (what the doctor tried to do after the suicide case risk was identified).

Do not conclude that the suicide of a family member was your fault, or the therapists' fault or even the patient's fault. You really can't determine this until you speak to an attorney. Try and get as much documentation as you can and be sure to get the facts straight on the case.

Remember that all medical records of therapists can be released to family members in questionable situations like this. The U.S. Department of Health & Human Services clearly states that a deceased person's family members has rights to see these private records.

If your family has suffered a tragic suicide case then call the Rasansky Law Firm at 877-331-4156. We have several medical malpractice attorneys at the firm. You may have a medical malpractice case on your hands, depending upon the circumstances of the case. Therapists are not above the law and are held to high accountability standards in the mental health field.