Commentary on litigation and the toxicity of psychotropic drugs

Abstract

What is striking about Leonard's clarion call to the litigants and the legal profession is that he made similar calls over the last number of years, issuing dire predictions of the poor defence a hapless psychiatrist would have in the wake of a completed suicide as a result of an antidepressant overdose, when safer drugs were available. Such a spate of litigation has not followed nor, have the regulatory authorities expressed an interest in the matter. This is simply because a case against a doctor is unlikely to be successful when he or she is acting in accordance with a recognised body of practice within that profession, even though others hold the opposite view, provided of course there is no evidence of overt negligence such as failing to assess current suicidal ideation. Indeed in circumstances where active suicide ideation is present, to only prescribe an antidepressant, even if it were an SSRI, could be deemed negligent if suicide follows since such a patient should be hospitalised.