Many types of inappropriate conduct, such as false diagnosis, sexual abuse or physical abuse, or treatment malpractice, could constitute therapy abuse. If your mental health care provider took advantage of you and this behavior resulted in abuse, a San Jose therapy abuse lawyer with Jenner Law can help you hold this professional accountable.
Situations That Can Constitute Therapy Abuse
You went to the therapist because you needed professional assistance dealing with a difficult situation in your life. If the professional took advantage of your vulnerability, treated you inappropriately, or misused their position of authority, you might have a claim for therapy abuse.
One of the most common forms of therapy abuse is sexual misconduct on the part of the therapist—whether that’s forcible touching, asking the client about their sexual fantasies, or engaging in any kind of sexual relationship. Additional forms of misconduct that can amount to therapy abuse include:
- Financial exploitation
- Substandard treatment
- Abuse of transference
- Psychological abuse
- Physical abuse
- Improper prescription of drugs and other substances
- Conflicts of interest
- Breach of professional ethics
- Violating professional boundaries
- Implanting false memories
- Failing to refer a patient when appropriate
- Invasions of privacy
- Violating a position of trust
A healthcare provider or organization can be liable if they hire professional care providers or staff who are incompetent or lack the appropriate training or credentials. The employer can face liability if they fail to follow adequate protocols, like sufficient background checks or failing to supervise staff members or take action when they know or should know about a problem.
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Professionals Who Can Commit Therapy Abuse
Psychologists, psychotherapists, psychiatrists, and counselors are a few examples of mental health professionals who could commit therapy abuse. However, therapy misconduct can also happen when a member of the clergy who offers guidance or counsel takes advantage of the patient.
Appropriate Parameters to Protect Therapy Patients
Getting help from a mental health professional requires the patient to make themselves emotionally vulnerable and sacrifice their privacy. Healthcare providers follow these boundaries to avoid misconduct or even the appearance of impropriety with their therapy patients:
- Limiting physical contact to a handshake or a brief, non-romantic hug
- Not sitting too close to the patient, but maintaining an appropriate physical distance
- Limiting the attention to the patient and the issue for which the patient seeks help
- Holding therapy sessions in the office for fixed time limits
- Not having intentional contact with or a personal, social, sexual, or business relationship with the patient outside of the office or the context of psychotherapy
Also, the therapist should refrain from revealing intimate or personal information about themselves to the patient or discussing topics unrelated to the therapy with the patient. When the professional violates these guidelines, that may indicate that the therapist might have committed therapeutic misconduct or abuse.
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How You Can Afford to Hire Our San Jose Therapy Abuse Lawyer for Your Case
Our firm handles therapy abuse cases for a contingency fee, which means that we do not ask for any upfront, hourly, or out-of-pocket legal fees. Your attorney will only take payment if and when they secure compensation for you. That way, you can focus on getting help without the added financial stress.
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Damages Available in Therapy Abuse Claims
There is no set amount of compensation a plaintiff receives for winning a therapy abuse case. The amount of money damages you might be able to pursue will depend on the facts of your situation.
Some common types of damages people seek in these cases include:
- The reasonable cost of medical treatment, which may include past and future care expenses, you sought because of the therapy abuse.
- If you couldn’t work and earn a living, you could claim lost wages.
- If the harm you suffered impairs your ability to earn as much money as you did before the therapy abuse, you could have a claim for lost earning potential.
- Pain and suffering damages for the physical discomfort and emotional distress you endured as a result of the therapy abuse.
You might have additional losses that could be a part of your therapy abuse claim. Also, if you lost a loved one because of therapy abuse, you might be able to seek wrongful death compensation.
Don’t Wait to Take Action for a San Jose Therapy Abuse Case
Depending on your circumstances, we might have to go through administrative or licensing processes before we take legal action. There are very short timelines on these cases—it could be as little as six months.
If we decide to file a lawsuit, you must comply with the state’s statute of limitations, which is a deadline by which you need to submit your case in court. If you’re too late, the state may no longer let you pursue compensation.
What You Can Expect from Your San Jose Therapy Abuse Lawyer at Our Firm
You have already experienced the anguish of getting betrayed by a professional you turned to for help. You can rely on our team to treat you with the respect and dignity that you deserve.
We will take the time to listen to you, answer your questions, and work to hold the at-fault professional accountable for the harm you suffered. In doing so, your lawyer will:
- Collect sufficient evidence
- Prove the other party’s negligence or abuse
- Talk to relevant parties
- Assess the value of your damages
- Fight for a fair settlement
Getting Legal Help With Your San Jose Therapy Abuse Case
After all that you have already suffered, allow a San Jose therapy abuse lawyer on our team to help you pursue justice. At Jenner Law, we are happy to offer a free consultation. Connect with us today at (888) 585-2188 to find out how we can help you.