Psychiatric malpractice: the California experience

Abstract

The cost of psychiatric malpractice insurance has increased dramatically in recent years. To shed light on the extent to which this increase is justified the author polled 133 California psychiatrists who had indicated experience with some form of claims activity over the past 5 years. The 107 respondents reported 105 cases, of which 57 (54%) resulted in no more than a notification of a possible claim, 22 (21%) did not proceed beyond legal deposition, 20 (19%) were settled by dollar payment before trial, and 6 (6%) were left to the courts. The author recommends tort reform and refinement of reported claim and loss data to contain the cost of malpractice insurance.