Can You Sue a Psychologist or Psychiatrist for Malpractice?

The field of psychological treatment is one that is both complicated and demanding for all parties involved, and requires openness and utmost trust between therapist and patient. But what happens when a psychologist breaches that trust, resulting in emotional scarring, self-harm, or even wrongful death? Can you and your lawyer successfully sue your Farmington psychologist for malpractice?

First, it is important to note the differences between psychologists and psychiatrists, and how that affects what kind of lawsuit a lawyer can pursue. Psychologists deal with mental illnesses and abnormalities and their effects on behavior. A psychologist is not required to have a medical degree, and cannot prescribe medications. 

However, when a psychologist causes harm through negligence, most states require that the resulting lawsuit follows medical malpractice procedures, the same as for a doctor. For instance, a Farmington, Utah area psychologist could be charged for malpractice, as the state of Utah requires it. Failing to prevent a suicide—resulting in wrongful death—or failing to diagnose a potentially harmful condition are common subjects of malpractice lawsuits against psychologists.

In cases where a psychologist intentionally harms a patient, medical malpractice rules do not typically apply—instead, the cases are pursued as intentional torts. Common intentional torts pursued against psychologists include breach of trust (legally, breach of fiduciary duty), fraud, Intentional Infliction of Emotional Distress (IIED) and sexual assault.

Psychiatrists, by contrast, are required to attend medical school and are licensed doctors. Psychiatrists perform behavioral therapy as well, but they can also prescribe medications. Psychiatrists are always tried through malpractice lawsuits.

Prescription of improper medications is one of those most common reasons for malpractice lawsuits against psychiatrists. Taking the wrong psychiatric medications can have very averse consequences, from hallucinations to paranoia to even suicide, in a wrongful death case. Sharing patient information without consent, threatening the patient or falsifying documents are also grounds for malpractice.

Even if you and your lawyer have a strong case for malpractice, you may have to act fast or risk the case being thrown out of court. Medical malpractice lawsuits generally have a short statute of limitations—sometimes as short as two years. It depends on the state, so consult your lawyer about how malpractice laws in Farmington, Utah affect your case.

Lawsuits against psychotherapists are on the rise across the country, from the Eastern Seaboard to the salt flats near Farmington, Utah. A psychologist’s job is to help patients return to a mentally healthy lifestyle, not to spiral into depression, psychosis or even wrongful death. If you or a loved one has been harmed by a psychologist, don’t hesitate to take action and get the help you need.

Natalie Benoy is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry.