Malpractice Issues

· Be careful not to create a psychiatrist-patient relationship inadvertently. When asked for advice from a friend, relative, or other non-patient, clarify the relationship in advance.

· If a patient fails to appear for an initial appointment, document that you have followed up in some way to determine the patient’s intentions.

· Explain the nature of limited-purpose examinations and consultations of patients at the outset to reduce misunderstandings.

· When discussing psychiatry in informational or educational settings, caution that you are discussing general principles only rather than providing specific advice.

· If you decide to render assistance to a non-patient in an emergency, you are obligated to continue providing assistance until other help has arrived.

· Make sure that all federal "COBRA/EMTALA" guidelines are satisfied before transferring an emergency patient to another facility.

· Never terminate a patient who is in crisis. Otherwise, termination can be made provided notice and other treatment options are given. Confirm the termination by letter and regular mail and Certified Mail with return receipt requested.

The information contained in the web site does not constitute legal advice. If you are a Program Participant please call (800) 245-3333 for further risk management advice or risk management advice concerning a specific situation. For legal advice contact your personal attorney.