Psychiatric Malpractice
Stories of Patients, Psychiatrists, and the Law
• Two weeks after Johnny Moore was discharged from a psychiatric hospital, the deeply troubled teenager took a lethal overdose of the antidepressant prescribed by his psychiatrist.
• Dennis Gould suffered from paranoid schizophrenia. He let a streetcar cut off his right arm rather than carry out his divine mission to kill his ex-girlfriend, Shelley Rotman; three years later––while under psychiatric care and after several hospitalizations––Gould stabbed the young woman to death with his left arm.
• After seven months of psychotherapy as his only treatment in a private psychiatric hospital, Raphael Osheroff’s symptoms of the agitated depression that had destroyed his medical practice and personal life were more severe than ever. At a second hospital, Osheroff was given the antidepressant drugs he had been asking for––and he rapidly improved.
• Joan Barkley went to Dr. Jonathan Fox for help in overcoming her addiction to Darvon. After a year of therapy, the twice-weekly sessions turned into intense sexual encounters, which continued for two years.
James Kelley tells the true stories of people who sought help from psychiatrists and ended up suing them for malpractice. These tales are compelling, tragic, and sometimes bizarre. They offer a unique view into a relationship that is normally confidential and caring––but can be catastrophic when it goes wrong. Kelley discusses several cases that received national attention: former Reagan administration press secretary James Brady's suit against the psychiatrist who had been treating John Hinckley; the Tarasoff decision that established the psychiatrist’s duty to warn potential victims of a patient’s threats; and the disciplinary proceedings against Dr. Margaret Bean-Bayog for her unusual “mothering” treatment of Paul Lozano.
Kelley accompanies detailed accounts of courtroom clashes––based on court records––with clear, even-handed treatments of four kinds of psychiatric malpractice cases: a patient’s suicide, a patient’s violence against other people, a psychotherapist's sexual misconduct, and the use of unconventional treatments. With a wealth of examples, he explains the role of psychiatrists as expert witnesses against each other, the difficulties of predicting the outcomes of these suits, and the balances psychiatrists and judges have to strike between the duties owed to patients, on the one hand, and to society on the other.
Whether you identify with the patients or the psychiatrists, you will find these tales unforgettable. Kelley writes in nontechnical language for the general reader, stressing the human elements. His lucid analyses of key, current issues make his book essential reading for professionals in mental health or law––and for anyone contemplating a malpractice suit.
This elegantly written book brings fascinating legal controversies to life. Kelley does a remarkable job of telling vivid stories about actual doctors and patients without sacrificing fairness or depth. Psychiatric Malpractice makes vital contribution to our understanding of the intersection of law and medicine.
With sensitivity to the plight of both the plaintiff (the patient) and the defendant (the psychiatrist), Mr. Kelley tells what happened in real psychiatric malpractice cases, who won, and the often subtle reasons why. An exceptional and exciting book!
Consumers of psychiatric services and professionals in all of the mental health fields will find this fine book extremely useful. It is unique in covering a wide range of malpractice cases.
Behind the emotionless legal citations, psychiatric malpractice cases hold gripping tales of human tragedy. James Kelley tells it with a heart, also reminding us that the law offers only a paltry remedy for our human condition. Kelley's book makes psychiatric misadventures read like a novel.
Kelley recounts the stories of both patients and psychiatrists with the flair of a mystery writer, the compassion of a fellow traveler, and the insight of a seasoned attorney. He is a sensitive observer and a thorough reporter. The tales are engrossing.
James L. Kelley is a lawyer and writer who resides in Takoma Park, Maryland.
Chapter 2. The Law of Psychiatric Malpractice
PART I. Suicide
Chapter 3. The Walking Suicide Time Bomb
Chapter 4. Bum Rap in Orlando
Chapter 5. Suicide: The Therapist as Scapegoat
PART II. Violence Against Others
Chapter 6. Man with a Mission
Chapter 7. Search and Destroy
Chapter 8. A Danger to Others
PART III. Standards of Psychiatric Care
Chapter 9. Dr. Osheroff's Case
Chapter 10. Dr. Bean-Bayog: The Therapist as Mom
Chapter 11. In Search of a Standard of Care
PART IV. Sexual Misconduct
Chapter 12. Mrs. Barkley, Twice a Week
Chapter 13. One Doesn't Just Say Goodbye
Chapter 14. Sex as "Part of the Therapy"
Chapter 15. Afterword