Therapists under Torts Law
Therapists under Tort Law
Therapists—such as psychologists, counselors, psychiatrists, and social workers—can be subject to tort claims based on their professional conduct. Tort law provides remedies when a therapist’s actions cause harm to a client or third party.
Key Tort Issues Involving Therapists
1. Professional Negligence (Malpractice)
Definition: Failure to exercise the standard of care reasonably expected from a competent therapist, resulting in harm to the client.
Elements:
Therapist owed a duty of care to the client.
Therapist breached that duty by acting below the professional standard.
The breach caused injury to the client.
The client suffered damages (emotional, physical, financial).
Examples:
Misdiagnosis or failure to diagnose harmful conditions.
Breach of confidentiality causing emotional distress.
Inadequate supervision or treatment.
2. Breach of Confidentiality
Therapists have a legal and ethical duty to keep client information private.
Unauthorized disclosure can lead to a tort claim for invasion of privacy or intentional infliction of emotional distress.
Exceptions include mandated reporting (e.g., child abuse), or when there is a clear danger to the client or others.
3. Intentional Torts
Rare but possible claims include:
Battery: Unwanted physical contact (e.g., inappropriate touching).
False imprisonment: Unlawful confinement of a client.
Intentional infliction of emotional distress: Extreme and outrageous conduct causing severe emotional harm.
4. Duty to Warn (Tarasoff Rule)
Originating from Tarasoff v. Regents of the University of California, therapists have a duty to warn identifiable third parties if a client poses a serious risk of harm.
Failure to warn may lead to liability for negligence.
This creates a tension between confidentiality and public safety.
5. Vicarious Liability
Employers (clinics, hospitals) may be held liable for the torts of therapists acting within the scope of their employment.
Summary Table
| Tort Issue | Description |
|---|---|
| Professional Negligence | Breach of standard of care causing client harm |
| Breach of Confidentiality | Unauthorized disclosure of private client information |
| Intentional Torts | Battery, false imprisonment, emotional distress by therapist |
| Duty to Warn | Obligation to warn potential victims of client’s threat |
| Vicarious Liability | Employer responsibility for therapist’s torts |
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