Best Practices for Expert Witnesses Evaluating Psychiatric Malpractice
| Key Area for Evaluation | Questions to Consider |
|---|---|
| Diagnosis | Was the diagnosis reasonable based on available information? Was the diagnosis supported by thorough assessment? Were appropriate attempts made to gather information required for diagnostic clarification? |
| Informed Consent | Did the patient have the capacity to consent to treatment? If not, were appropriate steps taken to utilize a surrogate decision-maker? Was the patient adequately informed of treatment risks and benefits? |
| Rationale for Treatment | Did the prescriber provide the rationale for the proposed treatment? Were treatment recommendations justified for the clinical situation? |
| Causation | Was the harm directly attributable to the prescriber’s actions or inactions? Were there other variables or comorbidities that may have contributed to harm? |
| Treatment Decisions | Were there errors of omission (i.e., withholding treatment, stopping treatment, or failures to act) that contributed to alleged harm? Did active decisions (e.g., prescribing teratogenic medications) deviate from standard of care, and if they did, was this justified by the clinical scenario? |
| Adherence to Standards of Care | Were treatment decisions consistent with professional guidelines? Were deviations from standards of care justified by the patient’s unique circumstances? |
| Documentation | Was the clinical decision-making process clearly recorded? |