Malpractice and Other Civil Liability in Psychedelic Psychiatry
Psychiatric Services 2023 DOI: 10.1176/appi.ps.20220528 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Review Peer reviewed |
|---|---|
| Topics | Anxiety |
| Keywords | Malpractice Harm Legal liability Doctrine Emotional distress Law |
| Citations | 7 |
| Key findings | Psychedelics pose unique legal risks for psychiatrists, including malpractice issues and potential civil claims such as battery and infliction of emotional distress. |
Abstract
Psychedelics have the ability to fundamentally alter the consciousness of individuals who take them and thus pose unique legal risks for psychiatrists interested in incorporating them into their practice. Several issues related to malpractice may be relevant, including absence of standards of care, risk of harm, inappropriate treatment, and the doctrine of respondeat superior. In addition to malpractice, psychiatrists should be aware of other potential civil claims, including battery and the intentional or negligent infliction of emotional distress. Before providing psychedelic treatments to patients, psychiatrists should understand and mitigate their risk of malpractice and other civil claims.