Citation

Simon RI. J. Am. Acad. Psychiatry Law 2006; 34(1): 99-100.

Copyright

(Copyright © 2006, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

unavailable

PMID

16585241

Abstract

Medical errors do not necessarily represent negligence. Even when a mental health professional deviates from the standard of care, minor injury to a patient is unlikely to result in a lawsuit. The standard of care is not the same as the quality of care. Quality of care refers to the total care a patient receives, the patient's health care decisions, and the available mental health services. As defined by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), "sentinel events," such as a patient's suicide, do not necessarily imply that a deviation in the standard of care occurred. Psychiatrists and hospital staff are held to an "ordinarily employed" standard of practice. The Institute of Medicine (IOM) guidelines recommend evidence-based care related to patient needs and values. Both JCAHO and IOM promote best practices. Experts err when they testify to a best practice standard in malpractice cases.

Language: en

Keywords

Humans; Joint Commission on Accreditation of Healthcare Organizations; Malpractice; Medical Errors; National Academies of Science, Engineering, and Medicine, U.S., Health and Medicine Division; Psychiatry; Sentinel Surveillance; United States