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J Am Acad Psychiatry Law 34:1:99-100 (2006)
Copyright © 2006 by the American Academy of Psychiatry and the Law.
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ANALYSIS AND COMMENTARY

Commentary: Medical Errors, Sentinel Events, and Malpractice

Robert I. Simon, MD

Dr. Simon is Clinical Professor of Psychiatry and Director, Program in Psychiatry and the Law, Georgetown University School of Medicine, Washington, DC. Address correspondence to: Robert I. Simon, MD, 8008 Horseshoe Lane, Potomac, MD 20854. E-mail: risimonmd{at}aol.com

Medical errors do not necessarily represent negligence. Even when a mental health professional deviates from the standard of care, minor injury to a patient is unlikely to result in a lawsuit. The standard of care is not the same as the quality of care. Quality of care refers to the total care a patient receives, the patient’s health care decisions, and the available mental health services. As defined by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), "sentinel events," such as a patient’s suicide, do not necessarily imply that a deviation in the standard of care occurred. Psychiatrists and hospital staff are held to an "ordinarily employed" standard of practice. The Institute of Medicine (IOM) guidelines recommend evidence-based care related to patient needs and values. Both JCAHO and IOM promote best practices. Experts err when they testify to a best practice standard in malpractice cases.




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P. R. Recupero
Clinical Practice Guidelines as Learned Treatises: Understanding Their Use as Evidence in the Courtroom
J Am Acad Psychiatry Law, September 1, 2008; 36(3): 290 - 301.
[Abstract] [Full Text] [PDF]


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Copyright © 2006 by the American Academy of Psychiatry and the Law.