While malpractice is commonly associated with doctors and surgeons, it extends to other healthcare professionals, including therapists and psychologists. This means a therapist who causes harm by failing to meet the required professional standard of care could face legal consequences.
Therapists, like all healthcare professionals, must exercise proper judgment and follow ethical guidelines. If they fail to do so, and the client suffers harm as a result, they may be held accountable. But what exactly are the grounds for such a lawsuit?
Grounds for malpractice suit against a therapist
If you or a loved one has suffered harm due to a therapist’s negligence, you may have valid grounds for a malpractice claim. Here are some situations in which a therapist may be held legally responsible:
- Failure to report child abuse: If a therapist fails to report signs of child abuse or neglect to the proper authorities, and further harm occurs, they can be sued for negligence.
- Neglecting the duty to warn: Therapists are required to inform third parties if a client presents a credible threat of violence. Failure to do so can lead to lawsuits if the threat is carried out.
- Inadequate treatment of suicide risk: If a therapist does not properly address a client’s suicidal tendencies, leading to self-harm or death, they may be liable for failing to intervene.
- Engaging in inappropriate relationships: Sexual relationships between a therapist and client, even if consensual, are unethical and can result in legal action.
- Failure to protect a client: A therapist may be sued if they fail to protect a client from harm, whether emotional, psychological or physical.
While most therapists are committed to their clients’ well-being, mistakes can happen. If a therapist’s actions or inactions have directly caused harm, you may have the right to pursue a lawsuit. Seeking legal guidance can help determine whether your case meets the legal standards for medical malpractice.