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Psychiatric Malpractice Litigation: Psychiatric Malpractice Litigation:

Psychiatric Malpractice Litigation: - PowerPoint Presentation

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Psychiatric Malpractice Litigation: - PPT Presentation

Risk Management Issues Stanley j spero Esq sj spero amp associates Telephone 617 4911200 speroandjorgensonmsncom 1 Copyright 2015 Stanley J Spero All ID: 387351

unethical sexual physician relationship sexual unethical relationship physician patient spero rights romantic relationships patients trust subsequent misconduct ethical 1989 contact responsibility issues

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Slide1

Psychiatric Malpractice Litigation:Risk Management Issues

Stanley j. spero, Esq.s.j. spero & associatesTelephone: (617) 491-1200speroandjorgenson@msn.com

1

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.”

2Slide3

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

4Slide5

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