Miami Mental Health Malpractice Attorney

If a patient is injured or killed because their psychiatrist acts negligently or abuses the patient, it may constitute mental health malpractice under Florida law. If you or one of our family members was hurt by a neglectful, careless, or abusive psychiatrist, you should discuss the situation with a compassionate psychiatric malpractice attorney in Miami, like Prosper Shaked, to determine whether you have a claim. Prosper understands the sensitive nature of these cases, and will treat your family with respect and professionalism while fighting tirelessly to hold the abusive or negligent doctor accountable.

To set up a free legal consultation with Prosper Shaked, contact our office online today, or call The Law Offices of Prosper Shaked at (305) 690-0244. Serving patients and their families throughout the Miami, Florida area, Prosper is available 24/7 to provide dedicated legal assistance to accident and malpractice victims.

What is Mental Health Malpractice?

Mental health professionals, such as psychiatrists, have a duty of care toward their patients. When a psychiatrist violates that duty by acting negligently or abusively, and the patient suffers harm as a result, the patient or their family members may be entitled to compensation.

Most people are already familiar with the term “medical malpractice,” which occurs when a doctor takes careless actions that cause a patient to suffer avoidable injuries, illness, or death. Mental health malpractice, or psychiatric malpractice, is a specific type of malpractice that deals with mental health professionals. This includes mental health professionals who work at hospitals and mental health clinics, those who work for university medical systems, and psychiatrists who operate their own private practices. Examples of actions or conduct that might constitute psychiatric malpractice in Florida include:

  • Abandoning a patient
  • Engaging in any sort of sexual relationship or activity with a patient
  • Failing to assess the patient’s medical history and/or environment
  • Failing to detect warning signs of suicidal behavior or thinking
  • Failing to diagnose a patient’s condition
  • Failing to document some or all suicide attempts
  • Failing to prescribe medication
  • Failing to properly monitor or follow up with suicidal or high-risk patients
  • Failing to warn other parties of a suicidal patient’s mental state
  • Improperly prescribing dangerous medication
  • Physically restraining a patient when not necessary for safety purposes
  • Sharing patient information without obtaining his or her consent beforehand
  • Verbally, physically, or sexually abusing a patient

Can You Sue Your Psychiatrist in Florida?

You may have a case against your psychiatrist, or against the former psychiatrist of a deceased spouse or family member, if you can show that the psychiatrist’s conduct led to the death or injury. A psychiatric malpractice claim attorney, like Prosper Shaked, can handle the process of obtaining the evidence necessary to show how negligence or outright abuse caused the injury. For example, Prosper can obtain and evaluate patient files, locate and interview witnesses and experts, and investigate the psychiatrist’s history and background. He will work to show how, by taking one of the actions listed above or engaging in other misconduct, your psychiatrist caused you or a loved one to suffer serious harm.

In a personal injury or malpractice lawsuit, financial compensation is called “damages.” Different types of damages may be recoverable, which means different types of compensation may be available for injuries, illnesses, sexual abuse, or death caused by a negligent or abusive mental health professional. Prosper Shaked will fight strategically to recover compensation for damages you have sustained, including:

  • Burial and funeral expenses, in wrongful death cases
  • Damage to your personal property
  • Lost income and earnings, including reduction of your future earning ability
  • Medical bills, including anticipated costs for treatment that you are expected to need in the future
  • Pain and suffering, including physical injuries and emotional trauma

Statute of Limitations on a Psychiatric Malpractice Claim in Florida

Sorting through the aftermath of an injury is never easy. However, it is crucial not to delay for too long, or you could risk losing your right to sue. This is due to the fact that Florida follows a strict deadline, called the “statute of limitations,” which gives malpractice victims a limited amount of time to file a lawsuit after sustaining or discovering an injury. Talk to a Miami mental health malpractice lawyer about your legal options as soon as possible.

Miami Mental Health Malpractice Lawsuit Lawyer

We trust psychiatrists to provide care to some of the most vulnerable members of our society. When a psychiatrist fails to perform their duties, or abuses a patient on purpose, the damage can be immeasurable. Patients can suffer irreversible mental and physical harm, in some cases even losing their lives to suicide. If you or one of your family members was hurt by an abusive or negligent psychiatrist in Miami, trust Prosper Shaked to fight for the justice you deserve.

For a free and completely confidential legal consultation with a Miami psychiatric malpractice attorney, call The Law Offices of Prosper Shaked at (305) 690-0244, or contact our law offices online today. Our office handles personal injury and wrongful death claims throughout the Miami region.


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