Abstract
This study analyzes 39 malpractice suits based on suicide attempts of hospital patients in Quebec between the years 1968 and 1977. Both the age and sex of the victims, as well as the pathology involved, the site of occurrence, the technique used and the foreseeability of the event are examined.
The study discusses the two main criteria that are used by the courts to determine liability for such occurrences, that is the foreseeability of the attempt and the possibility of its prevention. This is followed by an outline of the different factors that are considered by the courts in determining liability, such as the nature of the illness, the behavior of the patient, the site of hospitalization and the type of surveillance prescribed and exercised.
This analysis illustrates the difficulty in predicting the behavior of suicidal patients. In addition, as demonstrated, it is often impossible to prevent these patients from committing suicide. In conclusion, it is important to recognize the difficulties facing those who do decide to sue, difficulties stemming from the requirement of proving fault on the part of the doctor or the hospital staff in either not foreseeing the event or in not prescribing appropriate measures so as to prevent its occurrence.