Malpractice and Other Civil Liability in Psychedelic Psychiatry

Psychedelics can fundamentally alter consciousness, creating unique legal risks for psychiatrists who incorporate them into practice. Key malpractice concerns include the absence of standards of care, risk of harm, inappropriate treatment, and the doctrine of respondeat superior. Psychiatrists also face potential civil claims such as battery and intentional or negligent infliction of emotional distress. To safely provide psychedelic treatments, psychiatrists must understand and mitigate their risk of malpractice and other civil claims.

Study at a glance

Abstract

Psychedelics have the ability to fundamentally alter the consciousness of individuals who take them and thus pose unique legal risks for psychiatrists interested in incorporating them into their practice. Several issues related to malpractice may be relevant, including absence of standards of care, risk of harm, inappropriate treatment, and the doctrine of respondeat superior. In addition to malpractice, psychiatrists should be aware of other potential civil claims, including battery and the intentional or negligent infliction of emotional distress. Before providing psychedelic treatments to patients, psychiatrists should understand and mitigate their risk of malpractice and other civil claims.