The Portable Lawyer for Mental Health Professionals by Barton E. Bernstein JD LMSW & Thomas L. Hartsell Jr. JD

Author:Barton E. Bernstein, JD, LMSW & Thomas L. Hartsell, Jr., JD
Language: eng
Format: epub
Publisher: John Wiley & Sons
Published: 2013-04-17T16:00:00+00:00

Elements of Malpractice

To recover damages in any malpractice action, the client/plaintiff must prove four historical elements:

1. The therapist owed the client a duty to conform to a particular standard of conduct (i.e., what a reasonable therapist would have done under the same or similar circumstances).

2. The therapist was derelict because the therapist breached the said duty by some act of commission or omission.

3. Because of the dereliction or negligence, the client/patient suffered actual damage.

4. The therapist's conduct was the direct or proximate cause of the damage.

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