Therapist malpractice is any departure from the accepted standards of therapy that results in an injury to the patient. If a therapist acts in a way that falls below the standard of care used by an average therapist, he may be guilty of therapist malpractice.
There are different kinds of malpractice charges, but each must stem from a foundation of the therapist’s failure to achieve a duty of care. Negligence charges have specific elements: duty of care, breach of the duty of care, injury, and causation.
A therapist has a duty of care to a patient. If that duty is breached, and the patient suffers injury, a malpractice suit can result.
To prove that you have been a victim of therapist malpractice, you must be able to show several things:
Because many therapists hold very strong influence over their patients, their conduct must be particularly cautious. A seemingly minor error in judgment can make a therapist liable for malpractice. Some of the most common ways therapists err are:
If you are a therapist who has been accused of malpractice, your defense will be based on the kind of charge you are faced with.
If you think that you are a victim of therapist malpractice, you may want to consult a malpractice lawyer to learn more about your rights. Malpractice cases can be tricky and an experienced malpractice lawyer can help you determine if you have a strong case. If necessary, a malpractice lawyer can represent you in court and ensure your rights are protected.
Last Modified: 03-22-2018 08:06 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.