When most people think about medical malpractice, they think of doctors or hospitals that cause injury through negligence. A lesser known form of negligence, however, is that of therapist malpractice. Although not as talked about, it is just as important as any other claim of malpractice. Here are some examples of what constitutes therapist malpractice.
Insufficient note taking. Critical to the proper care and treatment of a therapy patient is proper note taking and documentation. Just like physicians have medical charts and records, so should a therapist keep a record of all things discussed as well as subsequent treatments. Failure to do so can make it difficult to determine a proper course of treatment and can therefore lead to improper diagnoses.
Note taking a thorough patient history. It is important that a thorough and accurate history is taken of the patient ot client. Having this history and on-going session notes allows the therapist to develop and follow a treatment procedure suited to the patient's specific needs. Not doing so may cause harm or injury leading to a therapist malpractice situation
Not documenting a session that occurred outside of the normal office setting. It is important that the relationship between a therapist and client be kept strictly professional. If a session needs to be held outside the office, clear and accurate documentation should be taken and recorded. Sessions outside a normal office setting take on the look of impropriety and encourage inappropriate behavior.
Inappropriate standard of care. Therapists, like medical doctors, are expected to act within the standard of care for their industry. Inappropriate action or behaviors outside of this standard of care may lead to therapist malpractice issues.
Unquestioningly accepting what a patient says. Theres a reason why people choose to see a therapist. The licensed person that they choose should never just take their word for it when discussing history, behavior, diagnoses and treatments. A therapist who fails to execute common sense in this way is opening themselves up to make mistakes, misdiagnoses or mistreatment, ultimately leading to a malpractice lawsuit.
Deliberate wrong diagnosis. Obviously this doesnt need much explanation. A therapist who deliberately gives an incorrect diagnosis to a patient is acting in pure negligence.
Inadequate training for techniques used. It is important that all licensed professionals who treat and care for patients have adequate training for the procedures that they perform. It is clearly therapist malpractice when a practitioner uses techniques for which he has not received sufficient training.
Creating business partnerships with clients. The relationship of client to therapist needs to remain a strictly professional therapeutic one. Engaging in any sort of business venture with a client or agreeing to share profits of a business venture may be taking advantage of the client/therapist relationship. This is inappropriate and may lead to issues of malpractice.
Sexual relationships with clients. A common cause of therapist malpractice suits, sexual relations between a therapist and his or her patient are strictly prohibited. Under no circumstances is this ever ok.
If you have been harmed as a result of any of these situations and believe that your therapist has been negligent, then contact an experienced attorney right away. Victims of medical malpractice have legal rights. It is important that you receive the assistance you need to exercise these rights.
Dave Austin is a Medical lawyer with emphasis on complex personal injury and medical malpractice lawsuits. For more information on medical malpractice or to find out if you have a lawsuit, visit Burke & Eisner Medical lawyers.
Orignal From: Understanding Therapist Malpractice
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