Liability For Emotional Abuse By A Psychotherapist

By Jocelyn Davidson


Unfortunately there are cases in which a patient does not benefit from therapy. It is a matter that arises when dealing with a professional who has poor ethical standards. If a patient suffers emotional abuse by a psychotherapist, there are legal steps that can be taken.

Statistically speaking, approximately 4.4 percent of therapists admit to having sex with a client. The offending therapist is a male in four cases out of five. Those exploited are female in 88 to 92 percent of all reported cases. Some are minors.

This sexual abuse has a disturbing effect on someone who is already emotionally unstable. Fourteen percent try to kill themselves. One percent is successful at it. Over ten percent have to spend time in the hospital.

The patient who came to the unethical therapist with an unrelated disorder, can end up with clinical depression, anxiety or post-traumatic stress disorder. The patient who comes forward and reports the abuse is courageous. It requires great strength to do so.

There is never a time when sex between the psychotherapist and patient is ethical. All states consider it to be malpractice at the very least. Many states call it criminal conduct prosecutable in a court of law.

The abused patient has three ways in which to respond. She file charges in criminal court. She can lodge a complaint with the state licensing board. She can also file a claim in civil court.

Money for damages may be awarded in civil court. This can include punitive damages as well as funds to cover future therapy. The mistreated patient should have an attorney to provide legal advice as well as conduct the court case if it comes to that. Each state will have laws that vary to some degree.

The criminal case brought against a psychotherapist depends largely on what the patient claims opposed to what the therapist denies. The attorney defending the therapist may use the tactic of claiming the patient is unstable and therefore, likely to be lying. If one psychotherapist, however, is accused by other patients, he is more likely to appear guilty to the jury.

Numerous incidents of this nature are not likely to speak well for him. It does not indicate innocence when more than one person claims abuse. Ethics in this area have not been viewed seriously in the past. In fact, one prominent female psychiatrist resigned from The American Psychiatric Association due to its lack of concern regarding complaints brought by patients.

There are psychotherapists with the highest level of competency who consider themselves exempt from restraint in having sexual contact with patients. They claim they do it to benefit the patient. Some of these individuals feel it is unethical to report other therapists they know are having sexual contact with patients.

Most people would consider that ludicrous. These professionals are highly educated and hold prominent positions in society. They include professors and administrators of psychiatric institutions. Those accused return to the same behavior after being cleared of charges. Rehabilitation programs have not shown good results.

It was found that recidivism occurred among the therapists as often as the general population of sex offenders. The recidivism rate is very high. Education, economic status and social position do not seem to make any difference.




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