Malpractice Liability Due to Patient Violence

Abstract

In an era of mass shootings and increasing public fear, psychiatrists are more often being asked to assess whether an individual is safe to return to school or work. In addition, assessment of the individual's risk of violence is required in daily clinical decisions regarding the need for hospital care. Given the inherent difficulty in predicting violence, mental health clinicians worry about potential liability that could result from their patient committing a violent act. This article provides an overview of malpractice liability for patient violence, violence risk factors, and principles of violence risk assessment. The authors also offer some practical risk management strategies to reduce clinicians' risk of liability for violent acts by patients.