Malpractice arising from negligent psychotherapy: Ethical, legal, and clinical implications of Osheroff V. chestnut Lodge

Ethics and Behavior 4 (3):175 – 197 (1994)
Abstract
Traditionally, there have been few legal actions brought against psychotherapists that allege negligent psychotherapy and negligent treatment of psychiatric disorders. However, in the case of Osheroff v. Chestnut Lodge, a patient-physician (Dr. OsheroE) sued Chestnut Lodge, a private psychiatric facility, for negligence based on the staff's decision to apply a psychodynamic model of treatment (through psychotherapy) and not a biological model. The case sparked a heated debate between adherents of the psychodynamic model and those of the biological model. This article explores the implications of the Osheroff litigation for mental health professionals. It is proposed that an interactive informed consent process be used to protect psychotherapists against Osheroff-type litigation.
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DOI 10.1207/s15327019eb0403_1
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The Silent World of Doctor and Patient.Jay Katz - 1984 - Johns Hopkins University Press.
The Common Law.Oliver Wendell Holmes - 1881 - Little, Brown.

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