Legal Liability for a Patient's Suicide

Abstract

Lawsuits alleging psychotherapist liability for a patient's suicide have increased in number recently. Although the traditional theory of negligence is still popular, issues involving the standard of care and proof of causation are particularly difficult when one of the parties to the therapeutic relationship is not living. These problems have different implications when failure to prevent suicide is alleged than when a psychotherapist is said to have caused the suicide. In the latter, the presence of informed consent and assumption of the risk must be carefully evaluated as defenses. Alternative theoretical bases for these suits include implied contract, breach of fiduciary duty, and strict liability.