Risk Management Issues Stanley j spero Esq sj spero amp associates Telephone 617 4911200 speroandjorgensonmsncom 1 Copyright 2015 Stanley J Spero All ID: 387351
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Psychiatric Malpractice Litigation:Risk Management Issues
Stanley j. spero, Esq.s.j. spero & associatesTelephone: (617) 491-1200speroandjorgenson@msn.com
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Copyright © 2015, Stanley
J.
Spero
|
All
rights reservedSlide2
American Medical Association1989 Ethical Opinion
“Sexual Misconduct in the practice of medicine violates the trust the patient reposes in the physician and is unethical.”*** In 1991, the AMA undertook an effort to define sexual misconduct, which led to the conclusion that:“…Sexual contact or a romantic relationship with a patient concurrent with the physician-patient relationship is unethical. Sexual or romantic relationships with former patients are also unethical if the physician uses or exploits the trust, knowledge, emotions, or influence derived from the previous professional relationship.”
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InvestigationHow did it happen?
Whose responsibility is it?What harm is caused to direct victims?Who is affected and how?What legal rights do they have?3Slide4
Sexual Exploitation in Fiduciary Relationships Nationwide Surveys of Incidence
Respondent’s Who Self-Reported Having Had Sexual Contact With Patients_________________________________________________________________________________Discipline Males Females Source__________________________________________________________________________________Non-Psychiatric Physicians 10.0% 4.0% Gartrell, 1992
__________________________________________________________________________________Psychiatrists 7.1% 3.1
%
Gartrell
,
1986
__________________________________________________________________________________
Psychologists
12.1% 2.6% Pope, 1979___________________________________________________________________________________Social Workers 3.8% 0.0% Gabbard, 1989
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Whose Responsibility Is It?
All major Mental Health Organizations have ethical rules prohibitingTwenty-four states criminalize5Slide6
What Forums Are Available?Options:
CriminalCivilLicensing BoardEthics Committees6Slide7
Liability of Subsequent Employer to Subsequent VictimNegligent Hiring
Negligent RetentionNegligent Supervision7Slide8
Insurance Issues
Intentional ActsExclusionsImpaired PhysiciansProximate CauseConcurrent Proximate CauseNotice to InsurerFailure to Cooperate8