Malpractice

Author(s):  
Jennifer L. Piel ◽  
Phillip J. Resnick

A lawsuit for professional malpractice is an occupational hazard feared by many psychiatrists, psychologists, social workers, and counselors in the mental health field. Most actions against mental health clinicians are based on the concept of negligence. Medical negligence occurs when health care professionals fail to adhere to the standard of professional care, resulting in harm to a patient. Mental health professionals may also face legal action for certain intentional actions that cause injury to a patient. This chapter reviews the core legal concepts underlying malpractice claims against mental health clinicians. Presented here are the topics that are most likely to be the basis of liability suits against mental health providers. The chapter concludes with some strategies that mental health professionals can use to reduce the risk of malpractice liability.

2015 ◽  
Vol 24 (4) ◽  
pp. 292-295 ◽  
Author(s):  
E. Carpenter-Song

Mainstream psychiatry emphasises controlling symptoms by taking medications. This approach ignores the role of context in shaping illness experiences and how people engage with mental health professionals. The focus on symptom control and medication management also narrows the function of the psychiatrist. This editorial argues that knowledge of patients’ lives is important for providing empathic care that is oriented to the outcomes that matter to patients. In addition, care that attends to the person-in-context motivates and sustains mental health providers by putting meaning back into medicine. Truly patient-centred care demands pushing back against the reductionism of contemporary psychiatry to thoughtfully engage with the complexities of patients’ lives.


2012 ◽  
Vol 110 (2) ◽  
pp. 639-644 ◽  
Author(s):  
Steven Walfish ◽  
Brian McAlister ◽  
Paul O'Donnell ◽  
Michael J. Lambert

Previous research has consistently found self-assessment bias (an overly positive assessment of personal performance) to be present in a wide variety of work situations. The present investigation extended this area of research with a multi-disciplinary sample of mental health professionals. Respondents were asked to: (a) compare their own overall clinical skills and performance to others in their profession, and (b) indicate the percentage of their clients who improved, remained the same, or deteriorated as a result of treatment with them. Results indicated that 25% of mental health professionals viewed their skill to be at the 90th percentile when compared to their peers, and none viewed themselves as below average. Further, when compared to the published literature, clinicians tended to overestimate their rates of client improvement and underestimate their rates of client deterioration. The implications of this self-assessment bias for improvement of psychotherapy outcomes are discussed.


Author(s):  
Nancy A. McGarrah

This chapter describes the ways mental health professionals in private practice can use the media for marketing their practice as well as for educating the public. The processes for engaging in media work are addressed and the concept of being an “expert” in this field is explained. Ethics issues are emphasized, such as what mental health professionals can and cannot say in interviews. Specific guidance for providing effective interviews and ideas for receiving applicable training are given. Media-trained mental health providers can assist with interview preparation and answer questions about ethics and media work.


2002 ◽  
Vol 55 (3) ◽  
pp. 271-295 ◽  
Author(s):  
Luciana Laganà ◽  
Sheri Shanks

As the size and diversity of the older population increases, mental health providers will be called upon to deliver high-quality services to the elderly. However, many of these professionals hold negative attitudes toward the elderly; psychotherapy conducted with older adults by clinicians with such biases could represent a waste of time and energy, as well as money, for these clients. This article reviews studies conducted within the past three decades on the biases held by mental health professionals (primarily psychiatrists and psychologists) toward older patients and vice versa. It also discusses possible solutions to the conflicts within the elderly-mental health provider relationship, based on the contributions made by professionals from various health care disciplines on this topic. Moreover, this article takes into account various ethnicity-related issues that are often at play in the relationship in question, and provides research and clinical recommendations for the enhancement of the quality of this relationship. It is time to find successful and interdisciplinary ways to improve how older adults and mental health professionals deal with one another. These efforts should creatively enhance the quality of the mental health services offered to older patients, in addition to dispelling age-related myths and corresponding obstacles to the utilization of these needed services by older adults.


2011 ◽  
Vol 39 (4) ◽  
pp. 330-344
Author(s):  
Randolph K. Sanders ◽  
John Eric Swenson ◽  
Gregory R. Schneller

A group of 362 Christian mental health professionals were surveyed regarding their beliefs about and their practices concerning non-sexual multiple relationships (NSMR's). On each of 28 items, respondents were asked to indicate the degree to which they engaged in the multiple relationship behavior and the degree to which they believed each behavior to be ethical. In addition to multiple relationship situations faced by most mental health providers, a number of the items dealt specifically with multiple relationships that arise in faith-based environments or with religious clients. Among other things, results indicated that Christian therapists who worked in church-based settings were more likely to engage in NSMR's than were therapists in other settings. Moreover, respondents indicated that non-sexual multiple relationships were the most frequent ethical dilemma they faced in practice. Implications of the findings for the training of Christian therapists and for therapists who work in faith-based settings are discussed.


2020 ◽  
Vol 9 (2) ◽  
pp. 92-99
Author(s):  
Sindhu A. Idicula ◽  
Amy Vyas ◽  
Nicole Garber

Background and Goals: Non-suicidal self-injury (NSSI) is a common presenting issue mental health providers experience in all levels of care from outpatient clinics to inpatient units. It is common among adolescents seen in emergency settings, either as a presenting problem or as a covert condition that may not be detected unless specifically assessed for. The presence of NSSI increases the risk of suicide. This article aims to help the clinician develop a better understanding of NSSI – what it may entail, the prevalence, and the motivations for why young people engage in it. Methods: We review the reasons adolescents injure themselves, the link between NSSI and psychiatric diagnoses and suicide, the assessment of NSSI, and treatment planning, with emphasis on ways to screen for NSSI and interventions that can be implemented in the Emergency Department. We illustrate the complexity of NSSI with the case of a young patient with a complex psychiatric history and an extensive history of self-injury. Results and Discussion: Despite the seeming intractability of NSSI, a number of evidencebased treatments exist. Treatment primarily involves specialized forms of psychotherapy, but interventions can be implemented in the ED that will reduce the immediate risk of NSSI while more definitive intervention is awaited. Conclusion: Mental health consultations in the ED should always include screening for NSSI. Mental health professionals in the ED can play an important role in the detection and treatment of this condition..


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Simona Karbouniaris ◽  
Alie Weerman ◽  
Bea Dunnewind ◽  
Jean Pierre Wilken ◽  
Tineke A. Abma

Purpose This study aims to explore the perspectives of mental health professionals who are in a process of integrating their own experiential knowledge in their professional role. This study considers implications for identity, dilemmas and challenges within the broader organization, when bringing experiential knowledge to practice. Design/methodology/approach As part of a participatory action research approach, qualitative methods have been used, such as in-depth interviews, discussions and observations during training and project team. Findings The actual use of experiential knowledge by mental health care professionals in their work affected four levels: their personal–professional development; the relation with service users; the relation with colleagues; and their position in the organization. Research limitations/implications Because of its limited context, this study may lack generalisability and further research with regard to psychologists and psychiatrists, as well as perceptions from users, is desirable. Social implications According to this study, social change starts from a bottom-up movement and synchronously should be facilitated by top-down policy. A dialogue with academic mental health professionals seems crucial to integrate this source of knowledge. Active collaboration with peer workers and supervisors is desired as well. Originality/value Professionals with lived experiences play an important role in working recovery-oriented, demonstrating bravery and resilience. Having dealt with mental health distress, they risked stigma and rejections when introducing this as a type of knowledge in current mental health service culture. Next to trainings to facilitate the personal–professional process, investments in the entire organization are needed to transform governance, policy and ethics.


2017 ◽  
Author(s):  
Joanna Chambers ◽  
Mary Guerriero Austrom ◽  
Ryan Harris ◽  
Danielle Patterson

This purpose of this review is to provide general guidelines to practicing psychiatrists and psychologists on cultural diversity in the discipline. Diversity and mental health is a complex topic in a complex discipline, and our goal is to contribute to an understanding of how cultural identity affects our work. This review does not explicitly state how to treat any one cultural group. Rather, it is a tool for psychiatrists and other mental health providers to begin a sensitive and helpful conversation with patients of all backgrounds and a way to explore their own cultural identities. As our nation becomes increasingly diverse, providers are expected to understand how a patient’s cultural identity impacts the presenting problem and, ultimately, treatment. In addition, an ever-present opportunity remains for mental health professionals to explore their own cultural identity and how it may be involved in conscious and unconscious biases, which, in turn, also impact how they interpret, treat, and manage care. We explore key aspects of diversity with the goal of cultivating a deeper level of insight and awareness among psychiatrists in training and those currently in practice when caring for patients with diverse backgrounds. The guidelines offer a starting point toward delivering culturally competent care and, coupled with a commitment to lifelong learning from psychiatrists and other mental health professionals, can help minimize the stigma of traditionally marginalized groups.  This review contains 7 tables, and 67 references.  Key words: aging, diversity, LGBTQ, psychiatry, race, religion 


2020 ◽  
Vol 26 (3) ◽  
pp. 2011-2029 ◽  
Author(s):  
Julia Ivanova ◽  
Adela Grando ◽  
Anita Murcko ◽  
Michael Saks ◽  
Mary Jo Whitfield ◽  
...  

Integrated mental and physical care environments require data sharing, but little is known about health professionals’ perceptions of patient-controlled health data sharing. We describe mental health professionals’ views on patient-controlled data sharing using semi-structured interviews and a mixed-method analysis with thematic coding. Health information rights, specifically those of patients and health care professionals, emerged as a key theme. Behavioral health professionals identified patient motivations for non-sharing sensitive mental health records relating to substance use, emergency treatment, and serious mental illness (94%). We explore conflicts between professional need for timely access to health information and patient desire to withhold some data categories. Health professionals’ views on data sharing are integral to the redesign of health data sharing and informed consent. As well, they seek clarity about the impact of patient-controlled sharing on health professionals’ roles and scope of practice.


2020 ◽  
Vol 42 (5_suppl) ◽  
pp. 22S-26S
Author(s):  
Mohan Sunil Kumar ◽  
Sharmitha Krishnamurthy ◽  
Nitya Dhruve ◽  
Bettahalasoor Somashekar ◽  
Mahesh R Gowda

Globally, telepsychiatry has been around since the 1950s. It is in the COVID era that it has gained the relevance and much-needed momentum amongst mental health care professionals. Given the restrictions imposed by the global lockdown owing to the fear of contracting the virus, the ease of access and safety offered by telepsychiatry makes it both appealing and “the new normal.” Despite some hesitation from mental health professionals, there is adequate research to support the role of telehealth services in the management of various mental health disorders. As with any formal system, the practice of telepsychiatry is regulated by professional guidelines to show the way forward to both health provider and seeker. The manuscript examines the ways telepsychiatry is redefining our virtual conduct. It emphasizes the evolving “netiquette” needed to navigate online consultations. It also elucidates the challenges faced by health professionals, and possible ways of maneuvering and circumventing the same. Telepsychiatry, a dynamic process which is interactive and personalized, adds a third dimension to the practice of modern medicine. It is here to stay. So, it is not a question of “if” instead “how soon” we can adapt to and get conversant with this revolutionary mode of connection, communication, and consultation, which will make all the difference.


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