Psychiatrist's malpractice.

Practice point:  For a psychiatrist to be held liable for malpractice based upon a decision made in connection with a patient's treatment or a decision to discharge a patient from a hospital, it must be shown that the treatment decisions represented something less than a professional medical determination, or that the psychiatrist's decisions were not the product of a careful evaluation.

Student note: A psychiatrist may not be held liable for a mere error in professional judgment.

Case: Ballek v. Aldana-Bernier, NY Slip Op 02823 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Anticipatory breach.