Can You Sue a Therapist for Medical Malpractice?

Mental health has become a staple in modern society, with more people than ever participating in therapy. We trust these mental health professionals to provide quality care. However, just like other medical professionals, therapists are human. Not all therapists provide the same level of care. This can lead to a medical malpractice claim. In addition, due to the intimate nature of therapy, some therapists are tempted to cross the professional line for medical care and commit an intentional tort. 

Do Medical Malpractice Laws Apply to Therapists?

Yes, a therapist can be held liable for medical malpractice. While their practice may focus on mental health, their treatment can involve self-harm or the harm of others. Therapists can face a medical malpractice claim for their professional negligence, misdiagnosis, or treatment. As healthcare providers, there is a public interest in ensuring they maintain professional standards. 

Mental health professionals must prove their qualifications to treat others by going through licensing boards. As part of this licensing, professional malpractice is a topic covered. 

Emily Thomas represents medical malpractice clients with the Birth Justice Law Firm in Royal Oak, Michigan. “Patients are not medical professionals, and it is incumbent on the doctors to know their limitations and educate you [the patient] as to what’s best.”

How Do You Prove Therapist Malpractice?

The biggest challenge to proving that a therapist is liable for malpractice is showing that you are a victim of malpractice and not just receiving poor-quality treatment. Patients can’t file a malpractice lawsuit simply because they don’t like the therapist or aren’t happy with the therapist’s treatment style or approach. You need to prove four elements for a successful malpractice claim. 

1. There was a doctor-patient relationship that created a duty of care 
2. The medical professional committed a breach of duty
3. The patient suffered an injury (mental or physical) 
4. The breach is a direct cause of the injury suffered. 

To prove these four elements, victims or their lawyers must gather evidence. This can be more challenging than malpractice claims against other types of lawyers. Often, there are no physical injuries, which can limit the amount of physical evidence. Instead, evidence will focus on session notes, expert witnesses, client records, or industry-accepted standard of care. 

Suing Therapists for Intentional Torts 

While medical doctors can be liable for intentional torts during medical treatment, this tends to be more common for mental health care professionals. Therapists treat their patients over an extended period. Throughout many therapy sessions, they form a connection with the patient that goes beyond a professional one. 

Intentional torts are different from negligence. These are acts that the therapist knowingly took that caused harm to the patient. Proving an intentional tort can have a different standard of proof and potential criminal consequences. For example, a therapist who allows a personal connection to become too intimate does so, knowing that it violates the patient’s rights and crosses the line of ethics. If the therapist allows that connection to lead to a sexual relationship, this can lead to intentional torts like sexual assault, sexual battery, or even rape. Other examples of intentional torts include fraud or intentional infliction of emotional distress. 

Compensation in Malpractice Lawsuits

Patients who successfully prove their medical malpractice lawsuit case are entitled to compensation for their injuries. The first type of damage available is economic damage. These are easily identifiable damages that can be calculated, such as medical expenses, additional treatment costs, and loss of income. The second type of damage is non-economic. These include pain and suffering, emotional distress, or loss of enjoyment. These damages are more challenging to prove because there is no set dollar amount for them. 

In rare cases, a court may award punitive damages. These damages are designed to punish the wrongdoer instead of making the victim whole. Not all states allow punitive damages. In the states that do, the therapist’s actions must be extreme and egregious. 

Medical malpractice claims are subject to a statute of limitations. A patient has limited time to take legal action against a therapist, and the time limit will vary depending on the state where the case is filed. If a patient suspects medical malpractice, they should speak with a medical malpractice lawyer. Not waiting will help protect their legal rights and reduce the risk of missing the statute of limitations deadline.

Compensation Caps

Some states have legal caps on the amount of damages malpractice victims can receive. Victims in California, Florida, North Carolina, Texas, and Virginia limit the amount of damages. For some, like Florida, a flat limit applies to all cases. For other states, like Virginia, the amount changes based on the year. 

Who Pays for Damages in a Therapist Malpractice Lawsuit?

Therapists have medical malpractice insurance. Similar to other insurance policies, the insurance company will provide legal representation to defend the therapist when a patient files a medical malpractice claim. Similar to other medical malpractice lawsuits, the insurance company will provide an offer. It is up to the injured patient or their attorney to negotiate a settlement. If a settlement is agreed upon, the insurance company will issue payment. If a settlement is not reached, the patient will likely need to file a lawsuit. The insurance company will then pay if the patient successfully argues their case at trial. 

Do You Need a Lawyer?

Medical malpractice cases can become complex, requiring hours of work to gather evidence and navigate the legal landscape. Someone filing a malpractice claim against a therapist may not be in the best mental health state to handle their claim on their own. Even if they are, they likely lack the legal experience and knowledge to manage their claim successfully. 

Medical malpractice lawyers have more knowledge and experience, making them more apt to manage a claim successfully. Their legal advice will ensure you do not miss out on available legal rights. They can also ensure you do not miss crucial deadlines, such as the statute of limitations, that would bar you from recovery. 

Don’t assume that hiring a lawyer isn’t possible because of financial constraints. Many lawyers who handle personal injury cases, including medical malpractice, work on a contingency fee basis. A client will hire a lawyer and not pay anything or a minimal amount for representation. The lawyer will take their fee from the amount awarded when the lawyer successfully pursues a claim for the client. 

Thomas stresses that it is important for those receiving treatment to seek legal assistance as soon as they feel like something isn’t right with the treatment they are receiving. “Take notice that something is not right here, and call an attorney to get an opinion so you can act in a timely fashion.”

Find an Experienced Medical Malpractice Attorney

When you decide to attend therapy, you are entrusting a medical professional with your mental health. The last thing you want or expect is for that person to be negligent in their treatment or commit an intentionally harmful act against you. If you suspect this has happened, you may consider speaking with a personal injury attorney who focuses their legal practice on medical malpractice cases. They can perform a free case evaluation and help you protect your legal rights. 

Visit the Super Lawyers directory to begin your search for an experienced medical malpractice lawyer. For more information, read our guide on how to choose a medical malpractice attorney.