Proving A Florida Preventable Suicide Claim
Suicide has been a major public health issue in the US for decades, and it is disturbing to learn that rates are on the rise despite initiatives to get help for those with mental health issues. According to the American Psychiatric Association (APA), suicide is the 10th leading cause of death in the US, and it ranks second in the 10 to 34 age group. Researchers estimate that 1.3 million adults attempt to take their own lives every year, and around 47,500 of them commit suicide. Plus, the rate has been increasing annually since 2006 and is currently more than 2.5 times the murder rate in the US.
However, the APA also makes another important point: Suicide is preventable, even though there are numerous factors that may motivate someone to consider the unthinkable. Health care providers are often in the best position to take action, and the failure to do so has tragic consequences. If someone close to you died under such circumstances, you should discuss remedies with a Miami preventable suicide attorney. There are complicated proof issues, though some background information is helpful.
Proving a Claim for Failure to Prevent Suicide
The basis for these cases is Florida medical malpractice laws, which require health care providers to deliver treatment in accordance with the applicable medical standard. This standard is how a hypothetical physician with the same training, skills, and knowledge would act under similar circumstances. A doctor who deviates from this standard could be liable for malpractice.
In the specific context of preventable suicide, the focus will typically be on a psychologist, psychiatrist, or other mental health professional. If physicians do not take preventative measures when they know or should know that the patient was at risk, surviving family members may qualify for compensation.
Documentary Evidence
The patient’s medical records regarding a diagnosis for depression, bipolar disorder, PTSD, or other mental health disorder are important. Still, there are two other documents that might affect a preventable suicide claim:
- Suicide Risk Assessment: Mental health professionals perform this exam to determine whether a patient might engage in self-harm. If an evaluation was not performed in the presence of risk factors, this may be an indication of negligence.
- Patient Safety Contract: The practice of getting a patient to sign a no-suicide agreement is rare, and the contract itself is unenforceable. However, if a contract for patient safety does exist, it is an indication that health care providers should know about the risks.
The Role of Medical Experts:
Another crucial source of proof in a failure to prevent suicide claim is medical professionals, who assist with pinpointing the standard of care that applies to the case. Experts are also critical for establishing exactly how a health care provider deviated from the standard of care when treating – or failing to treat – the patient.
Discuss Preventable Suicide Claims with a Skilled Florida Med Mal Lawyer
To learn more about your rights and remedies, please contact the offices of Freidin Brown, P.A. in Miami or Fort Myers, FL. We can set up a free consultation to provide more details on proving a preventable suicide case.
Source:
psychiatry.org/patients-families/suicide-prevention
