Therapist Malpractice Lawyers

What Is Malpractice in Therapy?

Medical malpractice is a legal concept that describes an action or omission by a medical professional during the treatment of a patent. Medical malpractice can result in a range of damages, including financial loss, personal injury, and in extreme cases — death. 

Malpractice in therapy is a specific type of personal injury that falls under the umbrella of medical malpractice. It occurs when a trained and licensed therapist deviates from the standard operating procedures of treatment and causes a patient to suffer a personal injury as a result. 

Therapy malpractice takes on many forms, can result in a range of injuries, and can have devastating or life-altering consequences on patients and their families. 

Can I Sue A Therapist For Medical Malpractice? 

Yes. If you believe you have suffered an injury because you were the victim of medical malpractice at the hands of your therapist, you may have legal rights and options you can tap into. Even if you are unsure whether you have a case, you should speak with a therapist malpractice attorney to understand your rights fully. 

Proving Negligence In Therapist Medical Malpractice 

To file a lawsuit against a therapist, you must prove that they were negligent in their actions when working with you. Proving negligence is the hardest element to prove and requires evidence that substantiates your claims. 

The legal concept of negligence consists of four elements, and all of them need to be present to have a strong case. Those elements include: 

• Duty of care: You must show that the therapist you are suing has a duty to your safety and well-being. The standard for duty of care changes depending on the relationship between you and the therapist. For example, if you are a registered patient with a therapist and have been seeing that therapist for quite some time, their duty of care to you is greater than if you are working with a therapist for the first time and it is under a first-time evaluation meeting. 
• Violation of duty: When a therapist breaches their duty to you, this is known as a violation of duty. There are many reasons why a therapist may breach their duty to you, and the type of violation may impact the type of injury you have suffered. 
• Causation: Causation is the legal concept that a defendant’s violation of their duty is what caused the events that resulted in your injury. Causation can be one of the hardest elements to prove because you are drawing a link between the defendant and your injuries. 
• Damages: Finally, to establish negligence, you must have suffered damages as a result. Damages can be economic or non-economic. 

What Are The Most Common Reasons Clients Bring Malpractice Lawsuits Against Therapists?

Reasons for medical malpractice claims can range from unethical practices to actions that result in serious mental or physical injury. Below are some of the most common reasons why individuals might bring a medical malpractice lawsuit against their therapist. 

Having An Improper Relationship With A Patient

Therapists crossing relationship boundaries is one of the most common reasons why therapists may find themselves on the receiving end of a malpractice lawsuit. 

When clients work with therapists, they are often at their most vulnerable. If a therapist takes advantage of this vulnerability and crosses that boundary, they may be held liable for using their position as a therapist to take advantage of their client. 

Additionally, if a relationship between a therapist and a client turns sexual, a therapist can be held liable for malpractice, even if the patient consented to the sexual relationship. There is a power dynamic between therapists and their clients, and this power dynamic can result in a therapist manipulating their client into a sexual relationship. 

Sexual Assault or Battery 

If the relationship between a therapist and a client turns sexual and there is sexual assault or battery involved, a therapist can be held liable for their actions. If the claims prove to be substantial, criminal negligence and charges may also follow as well. 

Oversharing Information And/Or Violating A Patient’s Right To Privacy

When a client works with a therapist, both parties enter into a therapist-patient confidentiality agreement. This agreement establishes that a patient will be treated with respect and discretion. Therapists also agree not to disclose a patient’s private information to certain parties. 

Depending on the circumstances, if a therapist violates this agreement, overshares with another parity, or divulges sensitive information, they could be held liable for malpractice. 

Fraudulent Practices 

If a therapist engages in fraudulent behavior, they may be held liable for malpractice. Fraud can take on many forms but generally applies when a therapist bills their patient for services that were not rendered or are overbilled for services. 

There is a range of other ways a therapist can engage in behaviors that could bring forward a malpractice lawsuit. Other common reasons may include a therapist: 

• Failing to inform a patient of their credentials and expenses
• Failing to disclose a conflict of interest 
• Providing services or care in a specialized manner that the therapist is not qualified or competent to provide 
• Overbilling a patient or billing for services that were not rendered
• Knowingly requiring or forcing in some way a patient to continue with treatment despite the patient no longer needing that treatment
• Prescribing medication that is not needed or writing the wrong prescription
• Failing to inform a patient of essential information 

What Is The Statute Of Limitations For Medical Malpractice In Nevada?

A statute of limitations is the amount of time a victim has to bring forward a lawsuit against a defendant. There are different statutes of limitations for different crimes. 

In Nevada, the statute of limitations for medical malpractice is three years. This means that a victim has three years from the date of their injury, or from the date they discover their injury, to bring forward a medical malpractice lawsuit. Nevada’s medical malpractice lawsuit is outlined in the state’s revised statute section  41A. 097. 

Speak With The Therapist Malpractice Attorneys At Adam S. Kutner

At Adam S. Kutner, Injury Attorneys, our team can help you recover the compensation you deserve following a personal injury from a trusted therapist. Speak with our medical malpractice lawyers, get insight into your legal rights and options, and learn how to hold a negligent therapist accountable.

Contact our team today to see if you have a case, and get the legal representation you deserve when you schedule a free case consultation. 

Citations:

Malpractice. (2024). 
NRS § 41A. 097. (2024).
O’Connell-Domenech, A. (2023). Why More Americans Are Going to Therapy.