Psychiatric Malpractice: Stories of Patients, Psychiatrists, and the Law

Abstract

[In this book] James Kelley tells the true stories of people who sought help from psychiatrists and ended up suing them for malpractice. These takes are compelling, tragic, and sometimes bizarre. They offer a unique view into a relationship that is normally confidential and caring—but can be catastropic when it goes wrong. Kelley discusses several cases that received national attention: former Reagan administration press secretary James Brady's suit against the psychiatrist who had been treating John Hinckley; the Tarasoff decision that established the psychiatrist's duty to warn potential victims of a patient's threats; and the disciplinary proceedings against Dr. Margaret Bean-Bayog for her unusual 'mothering' treatment of Paul Lozano. Kelley accompanies detailed accounts of courtroom clashes—based on court records—with clear, even-handed treatments of 4 kinds of psychiatric malpractice cases: a patient's suicide, a patient's violence against other people, a psychotherapist's sexual misconduct, and the use of unconventional treatments. With a wealth of examples, he explains the role of psychiatrists as expert witnesses against each other, the difficulties of predicting the outcomes of these suits, and the balances psychiatrists and judges have to strike between the duties owed to patients, on the one hand, and to society on the other. [This book is intended] for professionals in mental health or law—and for anyone contemplating a malpractice suit. (PsycINFO Database Record (c) 2016 APA, all rights reserved)