You have a case against your therapist if they exhibited negligent behavior. Negligence is the common liability standard in civil cases, including those with a therapist as a defendant.
If you have any questions about your therapist’s behavior, an attorney can help.
What Are Examples of Therapist Negligence?
When it comes to therapist negligence, unethical behavior and negligent behavior may be one in the same. The American Psychological Association (APA) lists several ethical violations that may warrant a case against your therapist, including:
- Breaches of confidentiality: A therapist must make clear what information is confidential, who they can disclose information to, and under what circumstances they may disclose information. The therapist must then adhere to these confidentiality guidelines.
- Inappropriate relationships: If a therapist has a conflict of interest, they should disclose it to the client. If that conflict of interest prevents the therapist from doing their job effectively, they should refuse to treat the client.
- Failure to give informed consent: A client must be fully informed of a therapist’s treatment techniques, fees, and other important aspects of treatment. Failing to disclose certain details, or being intentionally deceptive with the client, could be grounds for a case against your therapist.
- Failure to explain the exact nature of their role: If a therapist works for a client’s employer, or the client’s parents, then they must disclose this relationship to the client. Lack of clarity in this regard could put the client at various risks.
- Failure to explain credentials: A therapist must only accept roles for which they are qualified. If you are seeking a licensed therapist, for example, then a therapist-in-training must be upfront that they’re not yet a licensed therapist.
As the APA (Ethics Code, General Principles) explains, therapists must strive to benefit those they serve. They must also refrain from causing harm to their clients. If your therapist caused you harm in any way, you may want to take legal action against them.
What Is the Legal Standard for Negligence?
There is a clear sequence for proving negligence in civil cases, which is:
- That the therapist owed you a duty of care
- That the therapist breached their duty of care
- That the breach of duty of care caused you to suffer harm
- That there are identifiable damages resulting from the therapist’s negligence
An attorney from our firm will aim to prove this sequence in your case.
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What Damages Can a Negligent Therapist Cause Victims Like You?
If a therapist caused you harm, then they may owe you compensation. Being wronged by a therapist can cause:
- Emotional and psychological anguish: Clients often seek therapy because they’re having some sort of psychological or emotional problem. Negligent therapy may worsen such trouble or cause new psychological or emotional anguish.
- Reputational harm: If a therapist does not honor the confidentiality that their client is entitled to, then the client’s reputation may suffer. Even disclosing that the client is in therapy could cause harm.
- Financial harm: Reputational harm may cause direct financial losses. Other therapy-related losses, like psychological anguish, can also lead to financial harm. If you lose income or earning power, or suffer other financial damages, then we’ll include those losses in your lawsuit.
- Substance abuse: Poor experiences in therapy may contribute to various kinds of substance abuse. Such abuse can be damaging in several ways.
The journal Frontiers in Psychology explains that therapy can cause harm, even if the therapist does not have bad intentions. Our firm will review your circumstances and seek fair coverage for all your damages.
I Think My Therapist Was Negligent. What Should I Do Now?
If you suspect that a therapist was negligent and caused you harm, you can hire an attorney. Our firm will quickly diagnose your case and help you seek justice.
Benefits of Hiring an Attorney
An attorney provides experience, training, and knowledge that you may not have. Much of this knowledge is legal but may also be specific to negligent therapy.
Hiring a lawyer may:
- Allow you to dedicate as much time as possible to your mental health
- Place your case in the hands of an attorney with experience that is relevant to your case
- Prevent you from suffering financial harm—when our firm handles your case, you pay nothing out of pocket
- Protect you from suffering stress-related health problems
Our team will handle every step of your case. We will seek evidence of a therapist’s negligence, speak with witnesses, value your damages, and negotiate for compensation. You won’t have to worry about a thing.
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Call Jenner Law Today for a Free Consultation
Therapist abuse is one of three practice areas that Jenner Law handles. Because we specialize in therapist negligence, you know that we’re prepared to lead your case. Don’t wait to accept help from our team.
Call Jenner Law today for your free consultation. There are no costs or obligations when you call.