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.

Failure to gather adequate patient history. Going hand in hand with insufficient note taking, not obtaining a detailed and accurate medical and psychological history is a recipe for disaster and can easily lead to a case of therapist malpractice.

Undocumented or inadequate documentation of sessions held outside the office. It is crucial that therapists maintain a strictly professional relationship with their patients. Conducting sessions outside of the office can create the appearance of impropriety and invite inappropriate behavior.

Not acting with appropriate standard of care. Just like medical doctors, there is an industry wide standard of care with which all licensed professionals are expected to act. Acting inappropriately or outside this standard often leads to a therapist malpractice case.

Unquestioningly accepting what a patient says. There’s 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 mistreatments, ultimately leading to a malpractice lawsuit.

Deliberate wrong diagnosis. Obviously this doesn’t need much explanation. A therapist who deliberately gives an incorrect diagnosis to a patient is acting in pure negligence.

Using techniques without adequate training. There is little difference between a doctor or nurse practicing without proper training and a therapist doing the same. All are licensed professionals charged with the care and treatment of patients. It is a clear case of therapist malpractice if he or she is practicing in their field without adequate training.

Forming business relationships with clients. Once someone becomes a patient of a therapist, their relationship should remain strictly doctor/patient. A therapist should never engage in any business ventures or agree to share profits with a patient.

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.

As you can see, there are many ways in which a person can become a victim of therapist malpractice. If you think you may have experienced one or more of these things with your therapist, contact an experienced attorney immediately. You have legal rights, and you should exercise them.