Citation

Keysar Gersht L, Lubin G. Harefuah 2022; 161(4): 245-250.

Copyright

(Copyright © 2022, Israel Medical Association)

DOI

unavailable

PMID

35466610

Abstract

A mentally ill patient's suicide is truly unbearable. Naturally, feelings of both guilt and responsibility affect all those involved. This article will examine the legal liabilities of three of the major "actors" in such cases: the therapist, the suicidal patient himself and the family members. The therapist is required to strike a balance between his duty to preserve the patient's rights as an autonomous individual, and his professional obligation to prevent him from harming himself or others. The family, which is not professionally involved but knows the patient well, is a source of both help and support. From a legal point of view, its' liability derives from the information in its possession, which comes mostly from the caregivers, such as warning signs that required attention. The degree of cooperation on its part is a relevant variable, which therapists must take into account in decision-making. The patient, although ostensibly taking an independent decision to end his or her own life, bears no legal liability in cases of suicide (whether or not it is related to mental illness). At most, the courts will rule that it could not have been anticipated or prevented, and dismiss the lawsuit against the therapists. The evidentiary tool that helps in the case of a legal hearing of a malpractice claim is the medical record. It documents what happened in real time, and states why the decision that was ultimately taken, was in fact taken. Wise use of this tool will help both to provide better quality of care, as well as being used in any legal process.

Language: he

Keywords

Humans; Female; Male; Liability, Legal; *Suicide/prevention & control; *Malpractice; *Mentally Ill Persons; Patient Rights