Frequently Asked Questions

What is therapy malpractice?

What types of things constitute therapy malpractice, or may indicate therapy malpractice?

How do I know the difference between “inappropriate” physical contact and “appropriate” physical contact with my therapist?

Is there a place to report inappropriate behavior or malpractice on the part of my therapist?

How long can I wait to take legal action for therapy malpractice?

What is therapy malpractice?

Therapy malpractice consists of the failure of the therapist to exercise the degree of skill in diagnosis, treatment or care that may reasonably be expected from one licensed as and/or holding himself or herself out as, a mental health care provider.

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What types of things constitute therapy malpractice, or may indicate therapy malpractice?

1. Failure to accurately diagnose you;
   
   
2. Failure to refer you to another therapist, despite the fact that your mental health was not improving and may have actually been worsening;
   
   
3. Breaching your confidentiality by telling another person private information about you which you related in the course of your therapeutic relationship;
   
   
4. Entering into various kinds of relationships with you other than the therapeutic relationship, such as socializing with you, employing you in some capacity, allowing you to live with him or her, etc.;
   
   
5. Focusing too much of the therapy on the therapist and his/her problems, and/or disclosing too much information about him or herself to you, such as details about the therapist’s family history, sex life, extracurricular activities, hopes and fears;
   
   
6. Engaging in inappropriate physical contact, which may or may not include explicitly sexual contact, with you either inside or outside of the therapy office;
   
   
7. Prescribing you the wrong medication(s);
   
   
8. Failing to terminate your therapy relationship in a professional manner which allowed you a sense of closure about the process.
   

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How do I know the difference between “inappropriate” physical contact and “appropriate” physical contact with my therapist?

A hug or a pat on the back or hand may not be inappropriate, but it is important to consider what else is going on in therapy and in what context the touching occurs. Under California law, it is never appropriate or lawful for a therapist to engage in sexual contact with a patient, either during the therapeutic relationship or within two years following termination of the therapy relationship or by representing to the patient that sexual contact is consistent with or part of treatment. “Sexual contact” in this regard means not only sexual intercourse, oral copulation and/or sodomy, but also the therapist’s touching of one or more of your intimate parts, or his or her touching of you with one or more of his or her intimate parts, either directly or through clothing. However, even things like kissing you and holding your hand most often constitutes inappropriate contact, and is malpractice.

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Is there a place to report inappropriate behavior or malpractice on the part of my therapist?

Yes. Each category of psychotherapist has a licensing body to which you may report misconduct/file a complaint. For MFCs (marriage and family counselors, formerly MFCCs, or marriage, family and child counselors) and LCSWs (licensed clinical social workers), it is the California Board of Behavioral Sciences. For MDs (psychiatrists), it is the California Medical Board. For PhDs (psychologists), it is the Board of Psychology.

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How long can I wait to take legal action egal action for therapy malpractice?

Legal action should be taken as soon as possible due to the fact that there are strict statutes of limitations which could bar your case altogether and forever.

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