Therapy is the backbone of mental health services. However, it can be plagued with predators who can inflict great harm. The therapist-client relationship is built on trust, and when boundaries are crossed, it may leave you feeling defenseless or unsure of who to turn to.
If your therapist is acting in an unethical, inappropriate, or abusive way, you have the right to report his or her actions to the state’s licensing board.
What Constitutes Unethical Behavior?
As a therapy patient, you can assume that your therapist has good intentions. The overwhelming majority of therapists are good, decent practitioners who are dedicated to helping you heal. There is usually no reason , to question whether a therapist’s behavior has crossed ethical boundaries.
But like other healthcare providers, therapists are held to a standard of care, and no profession is immune from abuse – not even therapists. When a psychiatrist, psychotherapist, or counselor deviates from appropriate professional and ethical standards, they can be guilty of therapy abuse.
Some types of unethical behavior seen in the therapy space are:
- Violating confidentiality
- Abandoning you as a client
- Contacting you outside of office hours
- Sexual misconduct
- Verbal, physical, or emotional abuse
- Crossing personal and professional boundaries
Of course, this list is not definitive, so if you ever feel that your therapist is being manipulative, abusive, or otherwise makes you feel unsafe, you may have grounds for reporting this behavior to the appropriate state’s licensing board.
For a free legal consultation, call,
(888) 585-2188
The Transference Phenomena
There is no excuse for unethical behavior by a therapist. Therapists are keenly aware of their significant influence and power when counseling their clients. This awareness includes understanding the profound impact of transference and countertransference dynamics within the therapeutic relationship.
Transference in therapy occurs when an individual unconsciously redirects feelings and attitudes from a person in their past onto their therapist. These feelings can be positive or negative and are often rooted in early childhood experiences. For instance, a patient might develop affectionate feelings toward their therapist, perceiving them as a parental or spousal figure because of certain similarities they see or want in a relationship. By crossing these ethical boundaries, this can negatively shape the therapeutic process and the client-therapist relationship.
Countertransference, on the other hand, happens when a therapist projects his or her own unresolved feelings onto their patient. This might manifest as the therapist developing unusually strong positive reactions toward the client, influenced by the therapist’s own past experiences and personal history. For example, a therapist might feel protective towards a client who reminds them of their own child, or of the spouse or friend the therapist wished he or she had.
Ethical therapists are trained to recognize and manage these phenomena. They regularly engage in self-reflection and supervision to monitor their own responses and ensure that their personal feelings do not interfere with the therapeutic process. This self-monitoring is crucial for maintaining professional boundaries and providing effective, unbiased support to their clients. Well therapists fail to check their own feelings and take steps to mitigate against crossed-over boundaries, that’s when problems can occur.
Furthermore, therapists must adhere to strict ethical guidelines that prioritize the well-being and autonomy of their clients. They must strive to create a safe and supportive environment where clients can explore their feelings without fear of judgment or exploitation. Any breach of these ethical standards is considered a serious violation of professional conduct and can result in disciplinary action, including the loss of licensure.
How Do You Report a Therapist for Unethical Behavior?
You must contact your state’s licensing board to report a therapist for unethical behavior. Some states allow you to submit a complaint via their website, while others require it to be submitted by mail. Official complaints must be submitted in writing (i.e., online or by mail) rather than by phone. However, you can still contact the board by phone for any questions.
The board will investigate your complaint and may request evidence or conduct interviews. If the state’s licensing board finds that your complaint is valid, the therapist maybe subject to disciplinary action, including but not limited to paying a fine, getting more training, or losing their license temporarily or permanently.
However, for some people, filing a complaint may not be enough. For example, if you believe your therapist committed malpractice, you may be able to file a lawsuit against them. At Jenner Law, we represent clients who have been victimized by the transference phenomena, that is, when the patient and therapist have developed a strong friendship or affection for one another that interferes with the therapeutic relationship.
Click to contact our personal injury lawyers today
Filing a Complaint vs. Suing Your Therapist
You can choose to file a complaint, sue your therapist, or both. As stated previously, disciplinary action, if any, is handed down by the licensing board when filing a complaint. When filing a lawsuit, the presiding judge will rule on the case, and if the case ends in your favor, you may receive a settlement.
When reporting unethical behavior, you will submit the details of your complaint along with any evidence you have. For a lawsuit, you must prove that the therapist committed malpractice. Generally, you will have to prove the following:
- The therapist owed you a duty of care.
- The therapist breached their duty of care.
- Their breach of duty of care caused you harm.
- You sustained considerable damages or losses due to the harm.
You must prove these points individually, and doing so alone can prove challenging. In addition, the therapist, their attorneys, and insurers may use their resources to attempt to discredit you, intimidate you, or minimize your claim. When filing a lawsuit, you should consider hiring a therapist abuse attorney to represent you and handle the details of your claim.
Complete a Free Case Evaluation form now
Do I Need a Therapy Abuse Lawyer?
Hiring a therapy abuse lawyer can be beneficial regardless of what stage of the process you’re in. Whether you’re ready to file a lawsuit or just considering it, an attorney can review the facts of your case to determine the best course of action. In addition, they can assist you by:
- Investigating your case
- Providing a confidential space to discuss your experience
- Identifying and calculating potential damages
- Preparing a legal argument against the defense
- Representing you in and out of court
- Fighting for fair compensation
Navigating the aftermath of therapy abuse is burdensome. An attorney can lend their knowledge, skills, and resources to help you find a path forward.
Complete a Free Case Evaluation form now
Getting Help with a Therapy Abuse Case
You don’t have to suffer in silence. Our attorneys at Jenner Law are here to help you recover and take the next steps to reclaim your power. We represent victims of therapist abuse across the US who have suffered because of the transference phenomena. In other words, we represent patients whose therapists have crossed professional and ethical boundaries by engaging in personal friendships and other conduct that interfere with the healing process. If this is your situation, contact our office today for your free consultation.
Call or text (888) 585-2188 or complete a Free Case Evaluation form