La Jolla, Newport Beach and Palm Springs California Psychotherapist Malpractice Defense Lawyer Discusses Psychotherapist Claims and Defense

People are starting to talk more about depression. Depression as a possibility of where the economies of the world could be taking us, and depression as a state of mind. With the global economic slowdown and the stock market crashing day after day taking away the savings and jobs of thousands of people in California and around the world each week, more and more people are becoming depressed and turning to psychotherapists for help.

It doesn't matter where you live in California, whether it is in Palm Desert, Laguna Beach, San Diego, CA, Orange County, Santa Barbara, Palos Verdes, Anaheim, Buena Park, Corona del Mar, Palm Springs, Temecula, Indian Wells, in Ventura, Carlsbad, Rancho Santa Fe, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Irvine, Newport Coast, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, help from a psychotherapist may be needed by all of us if this worldwide economic crisis becomes much worse.

Mental health professionals can commit malpractice or fail to meet the standard of care in a number of situations. However, they are accused in many more in which there is no malpractice and where they do meet the standard of care.

The type of situation in which psychotherapists most clearly commit malpractice is where the mental health professional enters into a sexual relationship with the patient while the patient is still under their care. Unfortunately this claim is made by patients more times than it is true.

A psychotherapist owes a patient a duty to use reasonable care in the treatment of that patient. When the psychotherapist breaches that duty and acts negligently or intentionally harms that patient, the psychotherapist is liable for damages, which under California law, can be extensive.

A psychotherapist can reduce their chances of being sued for malpractice and reduce the chance of being found liable if they are sued by documenting and exercising good judgment when treating their patients.

Another pitfall for the therapist is where therapists enter into business relationships with former or current patients. The theory behind why such relationships should be avoided at all cost is the unequal bargaining power between the patient and the therapist once a therapeutic relationship has been established.

Using a technique without proper training is also a ripe area for malpractice. It can also be a problem if the psychotherapist has failed to obtain an adequate history, when the psychotherapist has out of office contact with the patient, and when he or she fails to obtain peer consultation.

A malpractice case can be brought against a psychotherapist for violating the standard of care and negligently diagnosing or treating a patient. A psychotherapist must also maintain a boundary with his or her patient. When a psychotherapist breaches that boundary by having a sexual, social, business or personal relationship, hugs a patient for more than a few seconds, or has other physical contact other than a handshake, there can be allegations of malpractice.

If you are a psychotherapist and are under investigation by your state board for complaints and accusations or malpractice suits, speak to a mental health malpractice attorney as soon as possible.

Patients in psychotherapist malpractice cases who are successful can recover damages for past and future medical treatment, past and future wage loss, and pain and suffering both past and future. It is the future medical care of an abused patient that can run into the many hundreds of thousands if not millions of dollars.

If you are a psychotherapist and need legal defense, we have the knowledge and resources to be your Newport Beach Psychotherapist Lawyers, and Palm Desert Psychotherapy Attorneys. For this reason, be sure to hire a California law firm with psychotherapist defense lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have a psychotherapist, psychotherapy or psychologist legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.