What is your liability for involuntary commitment based on faulty information?

Ways to reduce liability risk

Although an involuntary hospitalization could have an uncertain basis, psychiatrists can reduce the risk of legal liability for their decisions. Good documentation is important. Admitting psychiatrists usually make sound decisions, but the corresponding documentation frequently lacks clinical justification.^42-44 As the rate of appropriate documentation of admission decision-making improves, the rate of commitment falls,⁴⁴ and patients’ legal rights enjoy greater protection.⁴³ Poor communication can decrease the quality of care and increase the risk of a malpractice lawsuit.⁴⁵ This is just one of many reasons why you should explain your reasons for involuntary hospitalization and inform patients of the procedures for judicial review.^8,9 Table 3 summarizes other steps to reduce liability risk when committing patients to the hospital.^{1,8,15,21,33,35-37,42,45-47}