Medical Malpractice – Young patient commits suicide while on psychoactive drugs

$775,000 settlement

Injuries alleged: Suicide

Tried before: Mediation

Date resolved: Nov. 7, 2025

Amount: $775,000

Attorneys for plaintiff: Michael W. Lantz and W. Randolph Robins Jr., Richmond, Lantz & Robins

Case description: The defendant mental health provider began prescribing powerful psychoactive drugs to a young patient via telemedicine. The provider left a large mental health care practice to start his own practice and continued to prescribe the drugs to the patient but only communicated periodically with the patient via email. The provider did not see or speak to the patient for months.

The patient committed suicide. The family brought suit for wrongful death. The case was defended on the grounds of illegality — one cannot recover for a criminal act, and suicide is a common-law crime in Virginia. (Editor’s note: The criminal status for suicide in Virginia may be abolished in 2027 due to legislation passed in the 2026 General Assembly session.)

If a plaintiff can prove that the decedent was of “unsound mind” at the time the illegal act was committed, however, the defense of illegality can be overcome. The plaintiff defeated a demurrer on those grounds and limited discovery was undertaken. Following early disclosure of the plaintiff’s expert opinions and given the myriad legal issues and emotional toll of litigation, the case was resolved.