LANDMARK CASES IN FORENSIC PSYCHIATRY:

Liability to Patients

Dr. Hartogs was a psychiatrist in NY; Roy was his patient.
Dr. Hartogs engaged in a sexual relationship with Roy, claiming that it was part of her treatment.
Roy sued Dr. Hartogs, claiming emotional and psychological harm.
Dr. Hartogs denied these claims, stating the relationship was consensual and occurred outside of the professional context.
Dr. Hartogs was found liable for malpractice, with both compensatory and punitive damages awarded. On appeal, the former was reduced, and the latter was eliminated due to a lack of malicious intent or recklessness.

Sexual contact between a psychiatrist and their patient constitutes medical malpractice.
There is a fiduciary relationship between a psychiatrist and their patient.

Clites was a patient with intellectual disability at a state facility in Iowa.
Clites developed Tardive Dyskinesia after years of treatment with antipsychotic medications for “aggression” despite a lack of evidence of such.
Clites’ parents successfully sued for negligence and civil rights violations.
The court found that the state facility failed to obtain informed consent.
- Antipsychotics were prescribed inappropriately without adequate monitoring.
- Parents were never informed of potential side effects, and did not consent to their use.

The prolonged use of antipsychotic medications must be medically appropriate.
Monitoring for side effects is required.
Psychiatrists must obtain informed consent prior to prescribing antipsychotic medications; consent is not implied.
“A competent patient has a fundamental right to decide to be left alone, absent an emergency situation” (right to privacy and to produce an independent thought)