The Consequences of Negligence in Psychiatry: Can a Psychiatric License be Terminated?
Annual data reveals that around four hundred psychiatrists across various jurisdictions lose their licenses each year. While the majority of these incidents are not due to a single catastrophic mistake, a small percentage of cases stem from breaches of professional misconduct. Throughout this article, we will delve into the process a licensing board follows when investigating a case of potential negligence in psychiatry. We will also explore the factors considered and discuss the rare instances where a psychiatric license might be terminated.
Understanding the Licensing Process
Licensing boards closely examine negligence cases by evaluating whether the psychiatrist in question adhered to the established standards of their specialty. If there was a deviation from these standards, the board then considers the actions that another physician with similar experience and qualifications might have taken in the same situation. Additionally, the extent of the damages caused by the alleged negligence plays a pivotal role in the decision-making process.
Queering the Question of Negligence
The board often poses a critical question: 'Was this a genuine error or misunderstanding, or was it due to the physician being unnecessarily careless or uncaring?' The answer to this can significantly influence the outcome. It is important to note that many of the complaints against psychiatrists do not necessarily lead to license revocation, as patients often complain out of dissatisfaction with the outcome or difficulty in accepting medical realities.
Over the course of two decades in practice, I have faced three license board inquiries due to patient complaints. On two of these occasions, the case was resolved in my favor before an in-person hearing, with the board not raising a single question. In the third case, involving a private practice, my patient and their lawyer conducted an extensive examination, but not even a single question was directed at me or my team. In all three instances, the board unanimously dismissed the cases, demonstrating their awareness of the intricacies and often subjective nature of medical practice. It is noteworthy that the board members were entirely different in each of these instances.
Despite the potential for complaints and legal challenges in any medical profession, I have never been found guilty or liable for any accusation. Sadly, it occurs that some patients merely disapprove of the outcome or struggle to accept the truth. However, it is also important to highlight that instances where a psychiatrist acts uncaring or makes totally avoidable mistakes are rare, but these occurrences are not acceptable within the medical profession.
Protecting the Public vs. Patient Dissatisfaction
The medicalprofession prioritizes the protection of public health and safety. Consequently, when a physician's actions are deemed to be unconscionable, negligent, or harmful, the decision to terminate their license is one of the ultimate measures taken. This underscores the importance of adhering to professional standards and maintaining the highest levels of care and responsibility.
While the vast majority of psychiatrists strive to uphold the highest ethical and professional standards, it is critical to recognize that in a small minority of cases, the medical profession must remove those who fail to meet these expectations. This ensures that the public receives the competent and compassionate care they deserve.
Conclusion
In summary, while the majority of psychiatrists do not lose their licenses due to mistakes, there is a process in place to address negligence. The involvement of licensing boards and their consideration of several factors, including the nature of the mistake and its impact, are crucial in determining the appropriate course of action. The rare instances where licenses are revoked serve as a reminder of the profession's commitment to maintaining the highest standards of care.