Patients place therapists in a position of trust, and most justify that trust by providing services without crossing ethical boundaries or committing criminal offenses. Unfortunately, not every therapist upholds these duties.
When a therapist breaks the boundaries required of their profession, the results can devastate their victims. If a therapist abused you, you could be entitled to compensation for the damages you sustained. A Louisville therapy abuse lawyer with Jenner Law could help you pursue legal action based on the abuse you have suffered.
Building a Case Against Your Therapist
Your attorney must take specific steps to build a compelling case against your abuser. Your therapist is unlikely to admit any wrongdoing, making it necessary that you establish that they behaved in a way that violated their duty as a mental health professional.
All mental health care professionals must adhere to ethical and legal standards and uphold specific boundaries. These guidelines prevent not only the possibility but even the appearance of impropriety. Evidence that a therapist has breached these boundaries could be helpful in your case.
Therapy Abuse Involves Breaking Boundaries
A therapist needs to maintain physical boundaries to avoid any impropriety. Therapists should sit at a comfortable distance from their patients and avoid physical contact besides a handshake.
It is also crucial for a therapist to avoid conflicts of interest, such as avoiding any relationships outside of the therapist-patient bond. For example, a therapist should not befriend patients or contact them outside of therapy sessions. Most of all, they should not engage in sexual or business relationships.
Above all else, therapy sessions should focus on the patient’s issues—not the therapist’s. Focusing the discussion on the therapist could blur the lines between professionalism and friendship.
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What You Should Know About a Therapy Abuse Lawsuit
The prospect of filing a lawsuit against your former therapist can overwhelm some people. These individuals have intimate knowledge of your life, which could make facing them during a legal case uncomfortable.
Our attorneys understand the challenges that can come with holding your therapist accountable, and we are here to prepare you for every step of the process. Some things to consider during this process include:
- It can take time. Some abuse claims take years to resolve.
- Both sides must share information. You might gain access to their notes, but they could be entitled to information about you as well.
- You can rely on legal counsel. At no point will you move forward with your case on your own.
- Your case could go to trial. While some cases go to trial, most resolve outside the courtroom.
When it comes to pursuing a therapy abuse case, experience is critical. Therefore, you’ll want an attorney who has faced down abusive therapists before to give you the best chance at successfully pursuing your claim. Our firm has over 35 years of experience pursuing these types of cases, and we’ll put that expertise to work on aggressively seeking the justice and compensation you deserve.
Delaying Legal Action After Therapy Abuse Could Work Against You
It is essential to avoid any delay when pursuing legal action against an abusive therapist. Any delay could make it difficult for you to receive the measure of justice that you deserve.
Unfortunately, your memories of the incident could fade, while any evidence of your abuse could disappear over time. Your former therapist could even destroy critical evidence. So, the sooner your attorney has an opportunity to investigate your case, the better your chances of prevailing.
Another important consideration is the statute of limitations. Kentucky Revised Statutes Section 413.140(1)(a), the statute of limitations for injury cases, typically governs Louisville injury claims. This law generally gives you one year from the date your abuse occurred to file a lawsuit. However, the exact filing deadline can be challenging to identify without the guidance of a seasoned attorney.
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Resolving Your Therapy Abuse Case
Our firm could work to resolve your case favorably in several ways. First, in many situations, we can work out a negotiated settlement. This settlement could provide a sense of justice as well as the financial means to get your life in order.
However, when a settlement is not an option, our firm could take your case to trial. Then, if we prevail at trial, you will obtain a verdict against your therapist that could allow you to collect a monetary award.
Settling these cases is always a priority. Few victims relish the idea of testifying at trial. Thankfully, most of these cases resolve without the need for a trial. In addition, many end without needing to file a lawsuit. However, if your case goes to trial, our firm will lead you every step of the way. We can prepare you for what to expect each day and ensure we have devised the strongest trial strategy possible.
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Talk to an Attorney About Your Abuse Case
No patient should ever have to face abuse at the hands of their therapist. This violation of trust could result in lifelong emotional trauma. While pursuing a civil lawsuit cannot undo that trauma, it could be one step you could take to obtain a measure of justice from the therapist who betrayed you.
Let the team at Jenner Law serve as your advocates while you pursue justice. Our firm understands what is at stake in these cases, and we are proud to aggressively seek to hold abusive therapists accountable. To learn more about how a Louisville therapy abuse lawyer could help, reach out today for a free consultation.