Tuesday 7 October 2014

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.

According to statistics, about 4.4 percent of all therapists admit to having sex with at least one client. In four out of five cases, the offender is male. Those who are exploited are female in eighty- eight to ninety-two percent of reported cases. Some of these are minors.

The effect this has on someone already in emotional distress is devastating. Fourteen percent attempt to take their own lives. One percent have been successful. About eleven percent must be hospitalized as a result of the sexual abuse.

Instead of getting better, the patient who came to an unethical psychotherapist with one disorder may add others. Sometimes clinical depression or anxiety are added. It is a courageous act to come forward and accuse the offender. It saves others from going through similar acts.

It is always unethical for a psychotherapist to have sexual contact with the patient. All states view it as malpractice. In some of those states it is a criminal offense that can be charged and prosecuted in a court of law.

The patient has recourse in three ways. She can initiate a civil lawsuit or file a criminal complaint. Alternatively, she can lodge a complaint with a licensing board in her state of residence.

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 is dependent on what the victim claims and how the psychotherapist responds. An attorney may state that because the patient is unstable emotionally, she is lying about the abuse. However, if the therapist has been accused in the past, he may look guilty to the jury regardless of what he says.

When a psychotherapist is brought up on charges, or brought before a review board multiple times, it does not indicate his innocence. Ethics in the area of therapist-patient sexual intimacy is not addressed adequately by The American Psychiatric Association. One female psychiatrist resigned from that august organization to protest the lack of concern.

Some professionals believe they are above the law. They show no restraint in initiating sex with a patient. Some are callous enough to claim it is good for the patient. Instead, they view it as unethical for a therapist to report another therapist for engaging in sex with a patient.

Attitudes like this are in blatant contrast to what the average person would consider ethical. These offenders are astute professionals who sit on committees, have positions of authority and hold professorships at universities.

Rehabilitative attempts have been made for these professionals who offend. However, the recidivism rate is high. In fact, it is comparable to the recidivism rate for sexual offenders in the general population.




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