What Happens When Therapy Goes Wrong: Can You Sue for Therapist Misconduct?
As patients, we put our trust in the hands of the healthcare professionals responsible for providing the best possible care. Perhaps no doctor-patient relationship relies on that trust more than that of a patient and their mental health professional. Whether a patient is experiencing a potentially life-threatening mental health crisis or is being treated for mild depression or anxiety, the relationship between a patient and a doctor is one of the most delicate in the medical field. When a psychiatrist, psychologist, or other mental health professional engages in unprofessional conduct or fails to provide the patient with the standard of care they deserve, this is considered a form of medical malpractice. If you or a loved one has been the victim of medical misconduct while under the care of a therapist, it is highly recommended that you contact an experienced medical malpractice lawyer at your earliest convenience.
How Do I Know if a Therapist’s Behavior Warrants a Medical Malpractice Lawsuit?
If you are under the care of a mental health professional, and you have significant trauma or other issues that you are in the process of working through, you know that therapy can be frustrating and painful, particularly if there are feelings and experiences that you have buried, or avoided addressing for a variety of reasons. Effective therapy does not always feel good, particularly when you are in the early stages of healing. However, there is a difference between leaving a session feeling emotionally drained after facing a painful memory versus behavior that is considered negligent. The following are examples of behaviors that would warrant a medical malpractice lawsuit:
- Your therapist made sexual advances towards you, pressured you to engage in sexual activity, or had a sexual relationship with you.
- Your therapist failed to properly diagnose your mental health condition.
- You were prescribed incorrect medication.
- Your therapist failed to get informed consent for a particular treatment.
- Your therapist shared confidential clinical information with someone who was not their direct supervisor or member of a clinical team.
- Your therapist pressured you to become involved in a personal or professional venture that was not related to therapy.
- Your therapist crossed a professional line, resulting in a dual relationship with you.
- Your therapist abruptly stopped treating you without any notice and failed to help you find a new therapist.
- Your therapist attempted to provide a service, or method of therapy they were not trained to provide.
- Your therapist provided services that were considered experimental, harmful, and even dangerous.
- Your therapist made comments or engaged in behavior that is racist, sexist, homophobic, or discriminator in some other way.
How Do I Prove that a Mental Health Professional Was Negligent?
Just because a mental health injury cannot be seen as a physical injury does not mean that it will not cause serious, ongoing harm and trauma. To have a legitimate medical malpractice case, you must be able to demonstrate that your mental health professional was negligent in some way. There are four elements for a negligence claim, including the following:
- Duty of Care: A duty of care generally exists when a patient begins treatment with a mental health professional. Establishing duty is not generally in issue unless a psychologist claims they never agreed to treat the patient or another mental health professional was responsible for the patient at the time.
- Breach of Duty: This occurs when a psychologist or psychiatrist fails to act in a way that another reasonable psychologist would act under similar circumstances. If a mental health professional deviates from the standards of psychological care, they have breached their professional duty. For example, if a psychologist tells a patient that they can stop taking an anti-depression medication without getting input from a psychiatrist or a medical doctor, and the patient commits suicide after stopping the medication, the psychologist may be liable for the wrongful death of the patient.
- Causation: A breach of the standard of care may only be considered negligence if it causes physical harm, psychological harm, emotional distress, or pain and suffering.
- Damages: There must also be financial damages in order for the mental health professional to be held liable. For example, if a psychologist caused a patient to become so anxious or depressed that they were unable to return to work, the damages suffered may include the lost income from the missed work days.
How Do I Recover Damages for Misconduct?
It can be difficult for a psychological patient to come forward if they were mistreated by a healthcare professional, particularly if they are in a vulnerable or fragile emotional state. Psychologists and other mental health professionals are in a position of power, and a patient who is suffering from depression, anxiety, bipolar disorder, or schizophrenia may not have the confidence to take the necessary steps to hold the psychiatrist or psychologist liable for their negligent care. If you believe that your mental health professional was negligent while you were under their care, a highly skilled medical malpractice lawyer will guide you through every step of the claims process, address all of your questions and concerns with compassion and patience, and pursue the maximum financial damages you deserve, including the following:
- Medical expenses you incurred as a result of the negligent treatment
- Lost wages if you became too depressed or mentally unstable to return to work
- Pain and suffering
- Loss of enjoyment of life
The Savannah Medical Malpractice Lawyers at Kicklighter Law Represent Victims of Therapist Misconduct
If your therapist engaged in negligent behavior while you were under their care, do not hesitate to contact the Savannah medical malpractice lawyers at Kicklighter Law. Our dedicated and compassionate legal team will help you navigate every step of the claims process and hold the negligent party liable for their actions. We will work tirelessly to ensure that your legal rights are protected. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.