Abstract
Psychiatric malpractice is an important and increasing phenomenon in the medical world, and although the frequency of litigation is low, the importance of addressing the liability of negligent psychiatrists is not. This work provides a comprehensive analysis of the different categories of psychiatric malpractice namely intentional torts, sexual exploitation, suicide, violent patients, breach of confidentiality, and somatic therapies from an American legal perspective including major civil court cases pertaining to these different categories. Each of these different categories are then viewed through a Jewish legal lens utilizing sources from the Torah, Tosefta, Talmud, Codes, Rishonim, Ahronim, and contemporary responsa to investigate the liability of a negligent psychiatrist from a halakhic perspective.
