00:00
A quick note about Malpractice. So, what is malpractice? It's a tort or civil wrong, it's not a
crime because a crime requires a mens rea, an evil intent and an actus rea, an evil deed but
malpractice is considered a tort and there are 2 types of tort, the intentional tort and unintentional
tort or negligence which is the basis for most malpractice claims. Now, malpractice, this is the
one thing you really need to know for your exam. It is defined as the dereliction of duty that
directly leads to damages so keep that in mind, the 4 Ds of malpractice. If somebody is found
to have committed malpractice, there are 2 types of punishment. Compensatory which is awarded
to the patient as reimbursement for medical expenses, lost salary, or physical suffering and
then there's also punitive which is awarded to the patient only in order to punish the doctor
for gross negligence or carelessness. The most common cause of lawsuits filed against psychiatrists
is actually when there is a really bad outcome like a patient suicide. So, in summary, the thing
you need to know about malpractice for your exam is that there is a dereliction of duty that
directly leads to damage. So keep that in mind.