Psychedelic Treatment with Psilocybin: Addressing Medical Malpractice Risk and Physicians’ Concerns
Katherine Cheung, M J Brodie, Sue-Ling Chang, Pierre Deschamps, Jean‐sébastien Fallu, Houman Farzin, Johanne Hébert, Jean-François Stephan, Michel Dorval, Yann Joly, For The P3a Study Group
The Journal of Law, Medicine & Ethics 2025 DOI: 10.1017/jme.2025.10109 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Theoretical or philosophical paper Peer reviewed |
|---|---|
| Topics | Psilocybin |
| Keywords | Liability Medical malpractice Hallucinogen |
| Citations | 2 |
| Key points | Argues that the lack of established medical standards, standardized training, and credentialing contributes to liability risks for physicians offering psilocybin treatment in Canada. |
Abstract
Abstract Psychedelic treatment with psilocybin is receiving increased attention following clinical trials showing it may help treat end-of-life anxiety, depression, and several other conditions. Despite this, physicians may be reluctant to prescribe psilocybin and carry out psilocybin treatment because of the stigma surrounding psychedelics and the potential for medical malpractice liability. This paper explores whether psilocybin treatment gives rise to a risk of medical malpractice liability for physicians. Following an overview of psilocybin treatment and its regulatory regime in Canada, exploratory vignettes are used to highlight the relevance and limits of malpractice claims. This paper argues that the lack of established medical standards, standardized training, and credentialing contribute to liability risks surrounding psilocybin treatment. More clinical trials, meta-studies of research analyses, and knowledge sharing will help to develop training programs and medical standards of practice to better realize psilocybin’s potential.
Comparable studies
Other theoretical and historical papers on psilocybin, most cited first.
| Study | Year | Design | Participants |
|---|---|---|---|
| REBUS and the Anarchic Brain: Toward a Unified Model of the Brain Action of Psychedelics | 2019 | Theoretical or philosophical paper | |
| Psychedelics as Medicines: An Emerging New Paradigm General population | 2016 | Theoretical or philosophical paper | |
| Theorizing that Psychedelic Assisted Therapy May Play a Role in the Treatment of Trauma-Induced Personality Disorders. | 2024 | Theoretical or philosophical paper | |
| What Geometric Visual Hallucinations Tell Us about the Visual Cortex | 2002 | Theoretical or philosophical paper | |
| Psilocybin-assisted therapy of major depressive disorder using Acceptance and Commitment Therapy as a therapeutic frame | 2020 | Theoretical or philosophical paper |
Citations in the library
Cited by 3
- From regulation to practice: A scoping review of prescribers’ roles in psilocybin-assisted therapy Drug Science Policy and Law October 1, 2026
- Healthcare Providers' Perspectives on Psychedelic-Assisted Therapies Across Clinical Contexts: "I Can Offer Medical Assistance in Dying, but I Can't Prescribe Psychedelics". Global Advances in Integrative Medicine and Health 2026
- Psychedelic-assisted psychotherapy: Clarifying the role of the "psychotherapy" Medicinska istrazivanja 2026
Cites 26
- Single-Dose Psilocybin for a Treatment-Resistant Episode of Major Depression. New England Journal of Medicine November 3, 2022
- Psilocybin with psychological support for treatment-resistant depression: six-month follow-up. Psychopharmacology November 8, 2017
- Survey study of challenging experiences after ingesting psilocybin mushrooms: Acute and enduring positive and negative consequences Journal of Psychopharmacology August 31, 2016
- Long-term follow-up of psilocybin-assisted psychotherapy for psychiatric and existential distress in patients with life-threatening cancer Journal of Psychopharmacology January 9, 2020
- Potential Therapeutic Effects of Psilocybin. Neurotherapeutics July 1, 2017
and 21 more in the library