Renee Binder, MD

(Edited by Peter Ash, MD, DLFAPA; Richard L. Frierson, MD, DFAPA; and Susan Hatters-Friedman, MD, DFAPA)

Edited by Peter Ash, MD, DLFAPA; Richard L. Frierson, MD, DFAPA; and Susan Hatters-Friedman, MD, DFAPA

Throughout my career as a forensic psychiatrist, I have had colleagues ask me for advice and support when they received a notice that they were being sued for malpractice. I often tell them that there are 2 types of psychiatrists: those who have been sued and those who 

 be sued. I now have a helpful resource for them to read: this outstanding book, 

. This book was edited by 3 renowned forensic psychiatrists who have been involved as experts and consultants in malpractice cases: Peter Ash, MD, DLFAPA; Richard L. Frierson, MD, DFAPA; and Susan Hatters-Friedman, MD, DFAPA. These psychiatrists also each contribute chapters to the book.

Although one of the greatest worries of practicing psychiatrists is the risk of a malpractice lawsuit or having patients file complaints against them, there is surprisingly little guidance in the literature about liability prevention and what psychiatrists should do if they are actually sued. This book addresses those issues.

 is divided into 5 sections. The first section deals with malpractice law, including chapters on the history of malpractice litigation and professional liability insurance. The second section deals with litigation issue, including a chapter addressing the “dos and don’ts” following adverse events, a chapter written by a plaintiff’s attorney, and a chapter written by defense attorneys. In this section, there is also a superb chapter by Dr. Jeffrey Metzner, MD, and Michael Gendel, MD, called “The Stress of Being Sued.”

The third section deals with malpractice allegations that address the most common causes of action in malpractice suits, including suicide, violence, and boundary violations. The fourth section addresses different practice areas such as inpatient, outpatient, and correctional settings. The fifth section addresses special topics such as telepsychiatry, medical board complaints, and ethics complaints, including an excellent chapter by Alan Newman, MD, about negative reviews on the internet.

The book is well-organized and has a list of key points at the end of each chapter summarizing the essential knowledge outlined within each chapter.

The book strives to provide a comprehensive view of malpractice and liability issues across the field of psychiatry. Many chapters also function as “how not-to guides” for a variety of practice areas with tips on how to minimize the likelihood of being sued.

 will be a valuable resource for all psychiatrists—both those who have been sued and those who have not yet been sued.

is a professor of psychiatry and director of the psychiatry and law program at the University of California, San Francisco. She is past president of the American Psychiatric Association and the American Academy of Psychiatry and the Law.

Articles

What do you do if you get sued? This new book provides a guide, with a comprehensive view of malpractice and liability issues across psychiatry.

Malpractice and Liability in Psychiatry

[[{"type":"media","view_mode":"media_crop","fid":"30650","attributes":{"alt":"domestic violence","class":"media-image","id":"media_crop_5251649745901","media_crop_h":"0","media_crop_image_style":"-1","media_crop_instance":"3216","media_crop_rotate":"0","media_crop_scale_h":"0","media_crop_scale_w":"0","media_crop_w":"0","media_crop_x":"0","media_crop_y":"0","title":"","typeof":"foaf:Image"}}]]Domestic violence (DV)-often referred to as intimate partner violence (IPV)-has captured national attention lately with several high-profile cases in the news. But DV does not always make the headlines. As a matter of fact, many of those who are the victims of violence at the hands of an intimate partner suffer in silence. They do not tell their friends, family, or even their psychiatrists or primary care physicians.

Ms A is a 40-year-old woman who complained of symptoms of depression and anxiety to her psychiatrist. She described having problems with parenting her school-aged children and feeling devalued at work. Ms A’s husband is a prominent physician; she complained about his lack of support for her efforts at balancing domestic and work responsibilities. After Ms A’s second visit, the psychiatrist received a call from an emergency department (ED) physician: Ms A was unconscious with a severe traumatic brain injury after having been pushed by her husband. As she fell to the floor, her head hit a table edge. The ED physician had found the psychiatrist’s name on Ms A’s medication bottle. The ED physician related that Ms A had signs of past abuse, including old bruising on her chest. The psychiatrist had not seen the bruises, which were hidden under her clothes. Because the woman was the wife of a physician, the psychiatrist had not inquired about domestic violence.

According to the CDC, more than 12 million people a year in the US-some 24 people per minute-are victims of rape, physical violence, intimidation, or stalking by an intimate partner.

 DV accounts for 21% of all violent crime.

 The US Department of Housing and Urban Development reports that DV is the third leading cause of homelessness among families. Finding a safe place to live is often the most pressing concern for victims of DV.

The numbers may underestimate the problem. Many victims do not report DV because they believe or have been convinced by their abuser that others will not believe them or that the police cannot help. They also may be embarrassed or feel that others will blame them for the abuse. In addition, victims of DV may have economic and financial fears. They worry about how they will provide housing and food for themselves and their children if they leave the abuser.

DV is preventable, and we need to help make it stop. There are things all of us-individuals, health care professionals, public officials, and organizational leaders-can do to address the issue.

DV does not discriminate on the basis of race, age, socioeconomic status, gender, or sexual orientation. It is often defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.

 DV can be physical, sexual, emotional, economic, or psychological. These behaviors can be used to manipulate, isolate, terrorize, blame, or injure someone.

Women are more likely to be victims of DV, but DV also affects men. According to the CDC, about 1 of 4 women (24.3%) and about 1 of 7 men (13.8%) aged 18 and older in the US have been victims of severe physical violence by an intimate partner in their lifetimes.

 When men are the victims, they are especially embarrassed and reluctant to report.

Direct victims are not the only ones who suffer; often entire families and the people around them are touched in some way. Children who witness DV are among those seriously affected by this crime. Exposure to violence in the home teaches children that violence is a normal way of life and increases their risk of becoming the next generation of victims and abusers.

Abuse can play a role in the way people think and interact with those around them. The constant feeling of fear can leave an individual with mental stress that affects thoughts, feelings, and behaviors. Victims of IPV may turn to drugs, alcohol, smoking, or overeating to cope. IPV can contribute to a range of physical and mental health problems, such as headaches, chronic pain, asthma, diabetes, anxiety, depression, and PTSD. Living in an environment in which a person is being controlled by another can create feelings of hopelessness. A perpetrator can chip away at a person’s self-esteem with insults or criticisms and take away a sense of safety.

Victims of DV may also be victims of their partner’s less obvious but persistent efforts to undermine their health and well-being-tactics sometimes known as “mental health coercion.” This may involve such things as efforts to control medication or treatment, limit access to support and resources, undermine credibility with authorities, or prevent the victim from seeking help. A recent survey of callers to the National Domestic Violence Hotline found that 89% had experienced some type of mental health coercion and 43% had experienced some type of substance use coercion.

Victims must be empowered to know that they can leave a violent situation, even if it means seemingly giving up everything to finally feel safe. Often just picking up the phone is difficult, for fear that the abuser will find out. Some abusers threaten to kill their victims and/or their children and other family members, friends, or even pets if they leave. Sometimes the violence escalates when victims leave and the abuser finds them.

The National Domestic Violence Hotline (800-799-7233, www.thehotline.org) is an important resource for victims or those who need to help victims of DV. Information and resources are offered to get victims on the path to safety and a new life. Anyone in immediate danger should call the police. There are safe houses where victims and their families can stay.

As clinicians, what can we do? We can ask about current conflict at home and past experience with trauma, create an environment in which individuals feel safe, and have local resource information available (shelter, safety, support). Even if a patient initially denies abuse, we should continue to inquire as we develop a stronger therapeutic alliance and obtain more information that makes us suspect that abuse may be occurring. The American Psychiatric Association’s official position on DV encourages psychiatrists to take an active role in prevention by:

• Participating in development of protocols to identify family violence

• Advocating for increased funding for prevention and treatment

• Helping to educate medical students, residents, and physicians

The bottom line is that it takes a whole community to end DV. The headlines may sensationalize the problem or make IPV feel remote, but the sad fact is that it is all too common and very real. But it is also an issue we can do something about. I would encourage clinicians to trust their instincts if they suspect a case of DV.

For us to intervene and prevent injury, we need to ask patients probing questions about their relationships, and whether they feel safe at home.

In October, during Domestic Violence Awareness Month, many advocacy groups used the Twitter hashtag #SeeDV. It contains an important thought: do not look past victims and those who could be living in danger and fear. Because victims often live in isolation, please reach out and offer support and resources. It could make all the difference.

Dr Binder is President-Elect of the American Psychiatric Association. She is Professor of Psychiatry, Associate Dean, and Director of the Psychiatry and Law Program at the University of California, San Francisco. She reports no conflicts of interest concerning the subject matter of this article.

 Black MC, Basile KC, Breiding MJ, et al.

 National Intimate Partner and Sexual Violence Survey: 2010 Summary Report

. Atlanta: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention; November 2011. http://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-a.pdf. Accessed November 5, 2014.

 Truman JL, Morgan RE. Special report: nonfatal domestic violence, 2003-2012. Washington, DC: US Department of Justice; April 2014. http://www.bjs.gov/content/pub/pdf/ndv0312.pdf. Accessed November 4, 2014.

 Clough A, Draughon JE. ‘Having housing made everything else possible’: Affordable, safe and stable housing for women survivors of violence. 

. 2014;13:671-688. http://qsw.sagepub.com/content/13/5/671.abstract. Accessed November 5, 2014.

 US Department of Justice. Domestic violence. http://www.justice.gov/ovw/domestic-violence. Accessed November 5, 2014.

 National Center on Domestic Violence, Trauma, and Mental Health; National Domestic Violence Hotline. 

Mental Health and Substance Use Coercion Surveys Report

. 2014. www.nationalcenterdvtraumamh.org/publications-products/mental-health-and-substance-use-coercion-surveysreport. Accessed November 5, 2014.

For us to intervene and prevent injury, we need to ask patients probing questions about their relationships, and whether they feel safe at home. 

Renee Binder, MD

Articles

Malpractice and Liability in Psychiatry

Domestic Violence: On the Path to Safety