Sunday, October 5, 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.

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.

When a patient comes to a therapist with one disorder, sexual contact can initiate others. Clinical depression, post-traumatic stress disorder and anxiety are common. It is courageous to report the abuse. The person who does so shows great strength of character.

Any sexual contact between the psychotherapist and patient is unethical. It is considered to be malpractice in all locations. In some states it is considered criminal conduct and can be prosecuted in a court of law.

There are three possible courses of action. The patient may file a civil lawsuit. She may file a criminal complaint in some states. As an alternative to legal action, she may complain to the state licensing board in her state of residence.

A civil court can award money for damages. Punitive damages may be added to punish the offender. The best way for the victim to proceed is to engage the services of an attorney. An attorney can give legal advice plus represent her in court as the case proceeds. The laws in each state may vary.

In court it becomes a matter of who said what. A defense attorney may use the tactic of calling the patient a liar and pointing out the fact that she is unstable. When a psychotherapist faces a similar charge multiple times he loses his credibility. A jury will not view him the same way if there have been previous incidents.

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.

Such attitudes are in direct contrast to what most people would consider ethical behavior. Some of these professionals sit on committees of prominent organizations, are administrators of psychiatric institutions and are professors at major universities. Rehabilitation programs for those who are accused do not seem to have much effect on the perpetrators.

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.




About the Author:



No comments: