Navigating the rising risk of medication management malpractice in modern psychiatry: Targeted education.

Historically, psychiatrists have been less susceptible to malpractice lawsuits than other medical specialists, with about 2-3% receiving a claim  vs. 7% nationally (Frierson and Joshi, 2019).

But with the unprecedented rise in mental health disorders in the COVID and post-COVID era, primary care physicians, pediatricians, psychiatric-mental health nurse practitioners (PMHNPs) and physician assistants, have been increasingly tasked with managing complicated cases—and with the complex medication management decisions that go with it.

While suicide remains the number one reason for a malpractice claim, thirty-three years of data from a leading malpractice insurer (PRMS) for psychiatrists indicates that up to 1/3rd of malpractice claims in psychiatry result from medication management issues (Frierson and Joshi, 2019).

As these data represent claims against board-certified psychiatrists, weighted incidences of medication-related claims against psychiatric providers with less training (e.g. PCPs, PMHNPs) may be higher. And of course, for every formal malpractice claim filed, there may be dozens of suboptimal prescribing patterns that may place patients at potential risk of harm.

The expansion of psychiatric providers has been necessary to meet the exploding demand for mental healthcare, but additional safeguards may help prevent these adverse outcomes—such continuing education. But available resources can be too theoretical, general, and not tailored to the needs of the psychiatric provider. Guidance from psychiatric texts, handbooks or online resources are often vague.  At Psychopharmacology OnDemand, we provide direct educational support for specific medication management questions, addressing the nuance in each clinical scenario that is most responsible for clinical outcome and, by extension, medico-legal risk.

Frierson, R. L., & Joshi, K. G. (2019). Malpractice law and psychiatry: an overview. Focus, 17(4), 332-336.

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Collaborative care—slow. Referral to a psychiatrist—even slower.