Duty of Care

  • Read more: Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide

    Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide

    By Alex Stein In Chirillo v. Granicz, — So.3d —- (Fla. 2016), 2016 WL 4493536, the Florida Supreme Court formulated an important rule for psychiatric malpractice cases. Back in 2001, the First District Court of Appeal decided that psychiatrists assume no liability for an outpatient’s suicide because it is generally unforeseeable. Tort liability, it held, can…

  • Read more: Medical Malpractice: The “Same Specialty” Requirement in Federal Courts

    Medical Malpractice: The “Same Specialty” Requirement in Federal Courts

    By Alex Stein Medical malpractice suits reach federal courts through two channels: diversity and the Federal Tort Claims Act (FTCA). The FTCA framework was set up (inter alia) for suits against doctors working at veterans hospitals or another facility operated by the federal government. The diversity framework was designed for parties residing in different states. Under…