"Careful documentation of suicide risk factors—including prior attempts and feelings of hopelessness—is the most important means of avoiding a malpractice suit, according to Dr Resnick. It’s not enough to state simply that a patient denies having suicidal ideas. Also take into account input from family and objective signs of patient behavior before discharging a patient from the hospital...
Inpatient Suicide
Liability risk rises when a psychiatric inpatient commits suicide. According to Dr Resnick, there are 2 major considerations in the eyes of the law when determining whether a psychiatrist has failed to protect a patient: foreseeability and precautions taken after the suicide risk is identified, such as frequent monitoring. Suicide is difficult to predict, and the law recognizes this. “However, once the psychiatrist is aware that a patient is at risk for suicide, he or she is expected to take certain reasonable precautions,” Resnick said.
Before discharging an inpatient, be sure to document objective signs of improvement, such as better appetite, better sleeping, group therapy attendance, and brighter affect. This information should be included in the clinical notes. “When I review a malpractice case involving a patient who killed himself or herself shortly after discharge, I look to see whether the doctor recorded any objective evidence of improvement,” said Resnick...