Legal Concerns in Psychosomatic Medicine

Brendel, Rebecca W.; Schouten, Ronald

In the practice of psychosomatic medicine, psychiatrists frequently encounter issues of legal concern. This article provides an overview of legal topics frequently encountered by the psychiatric consultant. One such area, discussed first in this article, is confidentiality and the management of private patient information. A second common interface between law and psychiatry is in the area of medical decision making. The psychiatric consultant is often asked to evaluate a patient's ability to accept or refuse treatment, and then make a determination of capacity. When the patient cannot give informed consent, an alternate decision maker must be found. Finally, malpractice liability is often a concern for the psychiatric consultant. Overall, psychiatrists should approach the care of patients foremost from a clinical perspective, while understanding the applicable laws and regulations of the jurisdictions in which they practice. In addition, clinicians should be aware of the legal and risk management resources available to them should a complex situation arise.