Suicide: Who is to blame?

Résumé

In this article the author illustrates important challenges in assessing fault in mental health malpractice cases. Many providers will agree that Dr. Jennisch provided care consistent with professional standards, whereas others might argue that he should have lengthened the patient’s hospitalization. Even with excellent care and despite known risk factors, psychiatrists are poor predictors of whether an individual will ultimately harm himself. In reality, mental health providers have few objective markers with which to assess safety and must rely on patients’ descriptions of their internal states. The case highlights the difficulty of predicting suicide and the limits of a physician’s control over a patient’s behavior, especially when the patient does not meet the criteria for commitment. SUICIDE-COMPLÉTÉ CONGÉ-HOSPITALIER ÉTUDE-CAS JURIDIQUE RESPONSABILITÉ BLÂME NÉGLIGENCE