Malpractice is a legal concept involving the failure of a professional to render the level of services or to exercise the degree skill that is ordinarily expected of other professionals in a similar situation, which then results in injury or loss to the client. Many kinds of behavior can result in malpractice for a therapist, including negligence, breach of contract, intentional misconduct, invasion of privacy, failure to prevent injury, and defamation.

The majority of malpractice cases do not stem from unforeseeable problems, but rather from situations that could have been avoided if only they were recognized and anticipated.

Malpractice Risks For Therapists

The major causes for successful malpractice lawsuits against psychologists consistently arise from just a few issues--most of which are in areas over which the therapist has excellent control. Examples include:

• Sexual impropriety



• Incorrect treatment--e.g., using treatments the therapist was not qualified to perform by lack of training or experience)



• Loss (to the client) from evaluation (performed by the psychologist)



• Breach of confidentiality or privacy



• Countersuit for fee collection--e.g., improper fee setting, billing, or fee collection methods)



• Suicide of patient



• Diagnosis--e.g., failure to diagnose or incorrect diagnosis



• Defamation--e.g., libel/slander



• Improper death of patient or others



• Violation of legal regulations



• Loss of child custody or visitation

A report presented by the American Psychological Association (APA) Committee on Ethics, following a review of complaints encompassing a five-year period, found a similar pattern and determined that the majority of ethics complaints arise from the following:

• Dual relationships, including sexual intimacies



• Violations of APA practices, research standards, or guidelines



• Violations of governmental laws and institutional regulations



• Therapist behavior that violated or diminished the legal or civil rights of others



• Therapist’s failure to preserve appropriate confidentiality

Reference Source: American Psychological Association (APA) Committee on Ethics

NOTE: Every effort has been made to ensure that the information provided by 4therapy.com is accurate and up-to-date, however, it is important to remember that laws vary from state to state and local legislation can add further variations. We strongly urge you to stay current with your state and local laws.