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Examples of Malpractice in Counseling

Sophia Soraya

June 11, 2024

When people speak about medical malpractice, they often refer to a physician issuing a wrong prescription, misdiagnosis, or surgical error. Many people fail to consider the possible misconduct of other health providers, like therapists, who are sometimes negligent.

The nature of psychological treatment puts patients in a vulnerable position. According to a study by the National Library of Medicine, mental health practitioners had a complaint rate that was more than double that of physicians.

Patients are often dissatisfied with counselors’ professional ethics and communication skills. However, just because a patient does not like their therapist does not mean the therapist was negligent. Instead, the therapist must breach the standard of care and cause harm to the patient to be liable for malpractice.

If you suspect you suffered therapy malpractice, consult our trusted New Jersey professional malpractice attorneys today.

What Is Considered as Malpractice for Therapists?

Therapist’s malpractice is a personal injury cause of action that falls under the broader category of medical malpractice. It occurs if there is a departure from the acceptable standards of therapy and a patient sustains harm. Medical malpractice law allows an injured patient to sue the negligent health provider to recover damages.

A medical malpractice or professional negligence case against a therapist or psychologist receives similar treatment as that against a medical doctor. The injured patient must prove that the negligent counselor had a duty of care that they breached, resulting in injuries and losses.

Common Examples of Malpractice in Counseling

Because of the personal relationships that therapists develop with their patients, they often cross boundaries, leading to professional negligence. An error in judgment may harm a patient, making a therapist liable for malpractice.

Here are a few examples of malpractice in counseling:

  • Using therapy techniques without proper training
  • Making excessive or inappropriate self-disclosures
  • Failure to adequately document the condition of the patient
  • Intentional misdiagnosis of the patient
  • Having a sexual relationship with a current or former patient
  • Failing to consult or take advice from peers when appropriate

What Happens if a Mental Health Breaches Their Duty of Care?

A mental health care provider has a duty of care to offer quality treatment services according to the prescribed professional standards. A breach of their duty of care often results in mental or physical harm to a mental health patient.

For instance, a clinically depressed patient might be misdiagnosed as bipolar and prescribed the wrong treatment. The patient later engages in self-harm or suicide attempts due to a lack of proper treatment.

You may be entitled to compensation if you believe you or a loved one is a victim of a counselor’s breach of duty. However, the plaintiff must provide evidence of negligence and the resulting harm for a successful claim.

The complaint must also demonstrate that the plaintiff failed to act in a way that a reasonable, prudent counselor would act in the same or similar situation. In addition to demonstrating a breach of care, a plaintiff must prove that the therapist’s malpractice caused an actual injury, which resulted in damages.

The damages for therapist malpractice should also be calculated in monetary terms and may include:

  • Medical expenses, including past and present
  • Lost wages because of reduced productivity or missed work
  • Loss of enjoyment of life as a result of their worsening mental health condition
  • Mental pain and suffering
  • Out-of-pocket expenses, including travel expenses to and from doctor’s appointments
  • Punitive damages if the mental health provider should have known that the patient would sustain an injury because of their actions

Can the Therapist Be Sued for Wrongful Death if the Patient Commits Suicide?

When a mental health patient discusses suicide, the possibility of a lawsuit increases; the element of ‘’foreseeability’’ is the foundation of suing a therapist. Simply put, how likely did it seem to the health provider that the victim would take his life?

Suppose a clinically depressed patient gave a mental health provider a detailed suicidal plan and the therapist disregarded it. In that case, the loved one of the deceased patient may sue the therapist for failure to take action to prevent their death.

Get in Touch With an Experienced NJ Professional Malpractice Attorney

If you experienced an injury due to counselor malpractice and wish to file a lawsuit against them, speak to an experienced medical malpractice lawyer NJ as soon as possible. An experienced attorney from Varcadipane & Pinnisi, P.C. knows the challenges of medical malpractice claims and can advise on your rights and options. Contact us online or at (201) 588-1500 for a free consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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