LAW 103

LEGAL AND ETHICAL ISSUES IN APPLIED

PSYCHOLOGY

UNIVERSITY OF THE COMMONWEALTH CARIBBEAN

SCHOOL OF HUMANITIES AND EDUCATION
UNIT III
 OBJECTIVE

IDENTIFY AND DISCUSS KEY ETHICAL AND LEGAL ISSUES IN APPLIED PSYCHOLOGY:
• CONFIDENTIALITY
• PRIVILEGED COMMUNICATION
• PRIVACY

• DUTY TO WARN
• SUICIDE AND DUTY TO PROTECT
• ACCESS TO RECORDS: RECORD MAINTENANCE
• INFORMED CONSENT
• MALPRACTICE
 ETHICAL PRINCIPLES OF PSYCHOLOGISTS AND
CODE OF CONDUCT

• ETHICS CODE HAS TO DO WITH PROFESSIONAL WORK AND NOT PERSONAL LIFE.
• MEMBERS OF APA HAVE TO FOLLOW THESE CODES; HOWEVER, EVEN IF YOU ARE
NOT MEMBERS OF APA THE CERTIFICATION BOARDS AND LICENSURE BOARDS MAY
HOLD YOU TO THESE ETHICAL STANDARDS.CONCERNS OF LAWS (CRIMINAL) AND
PRACTICE (CIVIL) ISSUES (ETHICS DO NOT AUTOMATICALLY EQUATE TO WINING
YOUR CIVIL CASE).NOT KNOWING THE ETHICAL CODE IS NO EXCUSE FOR LACK OF
COMPLIANCE.FIRST, DO NO HARM
 3GENERAL PRINCIPLES A: BENEFICENCE AND NONMALEFICENCE:

• BENEFIT THOSE YOU WORK WITH

• DO NO HARM
• B: FIDELITY AND RESPONSIBILITY
• DO NOT EXPLOIT OTHERS
• BE A CITIZEN IN COMMUNITY
• C: INTEGRITY
• BE HONEST AND TRUTHFUL
• DO NOT CHEAT OR STEAL
3GENERAL PRINCIPLES A: BENEFICENCE AND NONMALEFICENCE:

• D: JUSTICE
• BE JUST AND FAIR
• REMOVE BIAS
• E. RESPECT FOR PEOPLE’S RIGHTS AND DIGNITY
• PRIVACY, CONFIDENTIALITY
• RIGHT TO SELF- DETERMINATION
• CULTURAL RESPECT
 4STANDARD 1: RESOLVING ETHICAL ISSUES

• 1.01: MISUSE OF PSYCHOLOGIST’S WORK

• IF SOMEONE MISUSES YOUR WORK, YOU MUST TRY TO MINIMIZE THE MISUSE.
• 1.02: CONFLICTS BETWEEN ETHICS, LAW, REGS, OR GOV’T
• WHEN CONFLICT 1) CLARIFY THE CONFLICT, 2) MAKE KNOWN THE ETHICAL ISSUE, 3) TAKE
REASONABLE STEPS TO FIX IT
• 1.03: CONFLICTS BETWEEN ETHICS AND ORGANIZATION
• WHEN CONFLICT 1) CLARIFY THE CONFLICT, 2) MAKE KNOWN THE ETHICAL ISSUE, 3) TAKE
REASONABLE STEP TO FIX IT
• 1.04: INFORMAL RESOLUTION OF ETHICAL VIOLATIONS
• BRING ISSUES TO THE PERSON FIRST (UNLESS INFORMAL IS INAPPROPRIATE OR CONFIDENTIALITY
IS AN ISSUE).
 STANDARD 1: RESOLVING ETHICAL ISSUES

• 1.05: REPORTING ETHICAL VIOLATIONS

• WHEN CANNOT DO INFORMALLY: 1) REFER TO STATE OR NATIONAL COMMITTEE, 2) REFER TO LICENSURE BOARDS
• 1.06: COOPERATING WITH ETHICS COMMITTEES
• YOU MUST COOPERATE IF YOU ARE ASKED
• BE CONCERNED ABOUT CONFIDENTIALITY ISSUES
• 1.07: IMPROPER COMPLAINTS
• DO NOT FILE RECKLESS COMPLAINTS
• 1.08: UNFAIR DISCRIMINATION AGAINST COMPLAINANTS AND RESPONDENTS
• EMPLOYERS CANNOT MAKE NEGATIVE DECISIONS BECAUSE SOMEONE IS BEING INVESTIGATED
• EMPLOYERS CAN MAKE DECISIONS BASED ON FINDINGS OF INVESTIGATION
 6STANDARD 2: COMPETENCE 2.01:
BOUNDARIES OF COMPETENCE

• WORK WITHIN WHAT YOU HAVE TRAINED TO DO: EDUCATION, SUPERVISION, CONSULTATION, STUDY, OR
PROFESSIONAL EXPERIENCE.
• IF YOU HAVE SIMILAR KNOWLEDGE AND IT WOULD HURT CLIENT TO REFER OUT YOU CAN WORK WITH THEM.
• 2.02: PROVIDING SERVICES IN EMERGENCIES
• MAY PROVIDE SERVICES EVEN WITHOUT TRAINING IF REFER OUT ASAP.
• 2.03: MAINTAINING COMPETENCE
• MUST KEEP LEARNING AS NEW INFORMATION IS AVAILABLE.
• 2.04: BASES FOR SCIENTIFIC AND PROFESSIONAL JUDGMENTS
• USE SCIENTIFIC INFORMATION TO MAKE DECISIONS.
 7STANDARD 2: COMPETENCE 2.05:
DELEGATION OF WORK TO OTHERS

• DO NOT DELEGATE TO OTHERS WITH DUAL RELATIONSHIP ISSUES WITH CLIENTS.

• ONLY DELEGATE WORK WITHIN THE KNOWLEDGE OF YOUR EMPLOYEE.
• PROVIDE APPROPRIATE SUPERVISION OF THEIR WORK.
• PERSONAL PROBLEMS AND CONFLICTS
• IF YOUR PERSONAL PROBLEMS WILL IMPACT YOUR WORK DO NOT EVEN START
IT.
• IF YOU BECOME AWARE OF A PERSONAL ISSUE, TAKE STEPS TO LIMIT THE
PROBLEMS THAT ARE GOING TO COME FROM IT.
 8STANDARD 3: HUMAN RELATIONS

• 3.01: UNFAIR DISCRIMINATION

• DO NOT DISCRIMINATE AGAINST OTHERS.
• 3.02: SEXUAL HARASSMENT
• DON’T DO IT.
• 3.03: OTHER HARASSMENT
• DON’T DO THAT EITHER.
• 3.04: AVOIDING HARM
• NOPE
 9STANDARD 3: HUMAN RELATIONS

• 3.05: MULTIPLE RELATIONSHIPS

• PAST, PRESENT, AND/OR FUTURE (EXPECTED) RELATIONSHIPS
• IF CAN EXPECT IMPAIRED OBJECTIVITY OR EFFECTIVENESS
• IF CAN HARM THE OTHER PERSON IN ANY WAY
• MAKE SURE THAT YOU ACCURATELY REPRESENT ANY CONFLICTING RELATIONSHIPS.
• 3.06: CONFLICT OF INTEREST
• DON’T TAKE ON SITUATIONS WHERE YOUR OBJECTIVITY OR EFFECTIVENESS COULD BE EFFECTED BY A
CONFLICT OF INTEREST
• DON’T TAKE ON SITUATIONS WHERE SOMEONE/GROUP CAN BE HARMED BY A CONFLICT OF INTEREST.
 1STANDARD 3: HUMAN RELATIONS

• 3.07: THIRD-PARTY REQUESTS FOR SERVICES

• CLARIFY WHAT YOU WILL BE DOING AND LIMITS OF IT
• 3.08: EXPLOITATIVE RELATIONSHIPS
• DO NOT EXPLOIT OTHERS.
• 3.09: COOPERATION WITH OTHER PROFESSIONALS
• COOPERATE WHEN IT IS IN THE BEST INTEREST OF THE CLIENTS
• 3.10: INFORMED CONSENT
• TO PROVIDE ANY SERVICES MUST HAVE IT DOCUMENTED
• IN UNDERSTANDABLE LANGUAGE (AND LEVEL)
• FOR THOSE INCAPABLE: 1) APPROPRIATE EXPLANATION, 2) ASSENT, 3) CONSIDER THEIR PREFERENCES, 4)
CONSENT FROM LEGAL REPRESENTATIVE, 5) IF COURT-ORDERED THEN LET THE CLIENT KNOW
 1STANDARD 3: HUMAN RELATIONS

• 3.11: PSYCHOLOGICAL SERVICES DELIVERED TO OR THROUGH ORGANIZATIONS

• STEPS: 1) DESCRIBE WHAT YOU ARE DOING FOR THEM, 2) THE INTENDED
RECIPIENTS/ CLIENTS, 3) RELATIONSHIPS OF INDIVIDUALS W/IN ORGANIZATION,
4) USES OF AND ACCESS TO INFORMATION OBTAINED, 5) LIMITS OF
CONFIDENTIALITY.
• 3.12: INTERRUPTION OF PSYCHOLOGICAL SERVICES
• MAKE A PLAN FOR IF THERE MAY BE ILLNESS, DEATH, OR RELOCATION OF
THERAPIST.
• MAKE A PLAN FOR IF THERE IS A RELOCATION OR FINANCIAL CHANGE OF
CLIENT.
 1STANDARD 4: PRIVACY AND
CONFIDENTIALITY

• 4.01: MAINTAINING CONFIDENTIALITY

• TAKE REASONABLE PRECAUTIONS (IN ALL MEDIUMS) TO MAINTAIN
CONFIDENTIALITY
• 4.02: DISCUSSING THE LIMITS OF CONFIDENTIALITY
• DISCUSS THESE WITH CLIENT AHEAD OF TIME.
• IF THROUGH ELECTRONICS, MUST DESCRIBE HOW THIS CHANGES
CONFIDENTIALITY.
• 4.03: RECORDING
• GET PERMISSION BEFORE RECORDING
 1STANDARD 4: PRIVACY AND
CONFIDENTIALITY

• 4.04: MINIMIZING INTRUSIONS ON PRIVACY

• ONLY DESCRIBE IN REPORTS OR ORALLY INFORMATION THAT IS GERMANE TO PURPOSE
• SHOULD TALK ABOUT CLIENTS ONLY IN RELATION TO YOUR WORK WITH THOSE WHO APPROPRIATE
• 4.05: DISCLOSURES
• CAN DISCLOSE WITH APPROPRIATE CONSENT
• CAN DISCLOSE WHEN ALLOWED BY LAW: 1) FOR PROFESSIONAL SERVICES, 2) PROFESSIONAL
CONSULTS, 3) PROTECT FOLKS FROM HARM, 4) OBTAIN PAYMENT
• 4.06: CONSULTATIONS
• DO NOT RELEASE CONFIDENTIAL INFO UNLESS CONSENT PROVIDED
• ONLY DISCUSS INFO RELEVANT FOR HELP TO CLIENT
 14STANDARD 5: ADVERTISING AND OTHER
PUBLIC STATEMENTS

• 5.01: AVOIDANCE OF FALSE OR DECEPTIVE STATEMENTS

• DO NOT MAKE PUBLIC STATEMENTS THAT ARE FALSE OR MISLEADING
• 5.02: STATEMENTS BY OTHERS
• DO NOT COMPENSATE OTHERS FOR A NEWS ITEM
• PAID ADVERTISEMENT MUST BE CLEARLY IDENTIFIED
• 5.03: DESCRIPTION OF WORKSHOPS AND NON-DEGREE- GRANTING EDUCATIONAL PROGRAMS
• MAKE SURE THAT ADVERTISEMENTS/ FLIERS ARE ACCURATE
• 5.04: MEDIA PRESENTATIONS
• PUBLIC ADVICE 1) BASED ON PROFESSIONAL INFORMATION, 2) MEET OTHER ETHICAL
STANDARDS, 3) INDICATE NO RELATIONSHIP ESTABLISHED.
 15STANDARD 5: ADVERTISING AND OTHER
PUBLIC STATEMENTS

• 5.05: TESTIMONIALS
• CANNOT ASK FOR ONES FROM CURRENT CLIENTS
• CANNOT ASK FOR ONES FROM VULNERABLE POPULATIONS
• 5.06: IN-PERSON SOLICITATION
• DO NOT ENGAGE IN IN-PERSON SOLICITATION OF BUSINESS TO THOSE WHO ARE VULNERABLE TO
UNDUE INFLUENCE.
• EXCEPT: TO PROVIDE DISASTER OR COMMUNITY OUTREACH
• EXCEPT: IMPLEMENTING COLLATERAL CONTACTS TO BENEFIT AN ALREADY ENGAGED CLIENT
(E.G., FAMILY THERAPY).
 1STANDARD 6: RECORD KEEPING AND FEES

• 6.01: DOCUMENTATION OF PROFESSIONAL AND SCIENTIFIC WORK AND MAINTENANCE OF RECORDS

• CREATE, CONTROL, MAINTAIN, DISSEMINATE, STORE, RETAIN, AND DISPOSE OF RECORDS TO: 1) HELP
WITH OTHER SERVICE PROVIDERS IN THE FUTURE, 2) REPLICATE RESEARCH STUDIES, 3) MEET
INSTITUTIONAL REQUIREMENTS, 4) ENSURE BILLING ACCURACY, 5) ENSURE LEGAL COMPLIANCE
• 6.02: MAINTENANCE, DISSEMINATION, AND DISPOSAL OF CONFIDENTIAL RECORDS OF PROFESSIONAL
AND SCIENTIFIC WORK
• MAINTAIN CONFIDENTIALITY IN CREATING RECORDS AND KEEPING DATABASES
• PLAN ON WHAT TO DO WITH RECORDS IN CASE THERAPIST LEAVES
• 6.03: WITHHOLDING RECORDS FOR NONPAYMENT
• DON’T DO IT
 1STANDARD 6: RECORD KEEPING AND FEES

• 6.04: FEES AND FINANCIAL ARRANGEMENTS

• REACH AN AGREEMENT ASAP ABOUT FEES AND BILLING
• FEES SHOULD BE 1) CORRECTLY REPRESENTED, 2) LEGAL
• IF THEY CANNOT PAY, YOU NEED TO DISCUSS WITH THE CLIENT ANY PLANS AND STEPS TO BE
TAKEN
• 6.05: BARTER WITH CLIENTS / PATIENTS
• CAN ONLY DO IT IF IT IS NOT CLINICALLY CONTRAINDICATED AND NONEXPLOITATIVE
• 6.06: ACCURACY IN REPORTS TO PAYORS AND FUNDING SOURCES
• ACCURATE NATURE OF SERVICES AND FEES
• WHEN APPLICABLE, PROVIDE DIAGNOSIS AND SERVICE PROVIDER
• 6.07: REFERRALS AND FEES
• PAYMENT BASED ON SERVICES PROVIDED AND NOT ON THE REFERRAL ITSELF
SPECIFIC COMPETENCIES
 CONFIDENTIALITY

 A PREREQUISITE AND CORNERSTONE OF THE THERAPEUTIC RELATIONSHIP AND PROCESS.

 IT IS MORE ABOUT ETHICS THAN LEGALISM.
 IMPORTANT TO DISTINGUISH BETWEEN CONFIDENTIALITY, PRIVILEGED COMMUNICATION AND
PRIVACY.
CONFIDENTIALITY:
 MORE OF A MATTER OF PROFESSIONAL ETHICS
 PROTECTS CLIENT FROM UNAUTHORIZED DISCLOSURE WITHOUT INFORMED CONSENT.
 HAS LIMITS E.G. COURT MANDATED ORDERS TO BREAK CONFIDENTIALITY (FREEMAN, 2000)
 CONFIDENTIALITY
PRIVILEGED COMMUNICATION & PRIVACY

PRIVILEGED COMMUNICATION:
 IS A LEGAL CONCEPT
 REFERS TO THE RIGHT OF THE CLIENT NOT HAVE THEIR PRIVATE INFORMATION REVEALED DURING LEGAL
PROCEEDINGS WITHOUT THEIR EXPLICIT PERMISSION.
 PRIVILEGE CAN BE CLAIMED BY THE CLIENT OR THE REPRESENTATIVE
 PRIVILEGED COMMUNICATION OF THE CLIENT-COUNSELOR RELATIONSHIP NOT UNIVERSAL &
CONTINGENT ON THE JURISDICTION
 PRIVILEGE EXISTS WHERE CLIENTS OF SPECIFIC PROFESSIONALS ARE ENUMERATED IN THE STATUTE
(FREEMAN, 2000)
 CONFIDENTIALITY
PRIVILEGED COMMUNICATION & PRIVACY

IN COUNSELING & PSYCHOTHERAPY:

 PRIVACY REFERS TO THE CLIENTS’ FREEDOM TO CHOOSE THE
CONDITIONS UNDER WHICH THEIR INFORMATION CAN BE SHARED
OR WITHHELD FROM OTHERS
 OUR JAMAICAN CONSTITUTION MAKES PROVISION FOR THIS.
 COUNSELING PROFESSIONALS MUST INFORM THE CLIENT OF
POTENTIAL BREACHES (FREEMAN, 2000)
 DUTY TO WARN

• GIVEN THE LIMITS TO CONFIDENTIALITY – CRITICAL THAT COUNSELORS AND THERAPISTS

DETERMINE AND EXPLICIT EXPRESS UNDER WHAT CIRCUMSTANCE IT CANNOT BE MAINTAINED
• DISCLOSURE OF INFORMATION – ON THE GROUNDS PROTECTING THE
‘WELFARE OF THE INDIVIDUAL OR THE COMMUNITY, OR WHERE THERE IS CLEAR OR
IMMINENT DANGER TO THE INDIVIDUAL OR COMMUNITY. WHAT REPRESENTS A NEED TO
PROTECT OR CLEAR AND IMMINENT DANGER IS USUALLY LEFT TO THE DISCRETION OF THE
COUNSELING PROFESSIONAL (FREEMAN, 2000 P.148)
• LETS DISCUSS THE TARASOFF CASE: SEE PAGE 148 OF FREEMAN’S (2000) TEXT: ETHICS: AN
INTRODUCTION TO PHILOSOPHY AND PRACTICE.
 SUICIDE AND DUTY TO PROTECT

CLIENTS CAN POSE THREAT TO SELF.

PROFESSIONAL COUNSELOR ETHICAL RESPONSIBILITY TO:
• INFORM THEIR CLIENTS OF THEIR ETHICAL AND LEGAL OBLIGATION TO BREAK
CONFIDENTIALITY WHEN THERE IS SUFFICIENT REASON & EVIDENCE OF AN ACTIVE
SUICIDAL INTENT ON THE PART OF THE CLIENT.
• THE RIGHT TO TAKE ONE’S LIFE IS HIGHLY CONTROVERSIAL – PROS AND CONS
• INTERVENTION: IS AN ETHICAL REQUIREMENT – TO REINSTALL HEALTHY COPING
AND RATIONAL DECISION MAKING (FREEMAN, 2000)
 SUICIDE AND DUTY TO PROTECT

WHEN FACED WITH SUICIDE:

• SOME COUNSELORS CONSERVATIVELY RESPOND WITH HOSPITALIZATION
• LESS CONSERVATIVE RESPONSE: CONTINUE WITH OUTPATIENT WORK –FREQUENT
AND STRUCTURED BASIS
THE ACTION TAKEN MUST BE DONE IN CONJUNCTION WITH A COUNSELOR’S
UNDERSTANDING OF THEIR OWN VALUES AND BIASES – ROLE IN PREVENTING
SUICIDE (FREEMAN, 2000)
 ACCESS TO RECORDS: RECORD
MAINTENANCE

PROFESSIONAL COUNSELORS MAINTAIN GOOD RECORDS ON CLIENTS. REASONS

INCLUDE:
• LEGAL OBLIGATION
• DOCUMENTATION OF SERVICE
• COMMUNICATION PURPOSES WITH OTHER PROFESSIONALS
• CAPTURE CHRONOLOGICAL INFORMATION ON CLIENTS (FREEMAN, 2000)
• MINIMIZE RISK OF MALPRACTICE
 ACCESS TO RECORDS

RETENTION OF CLIENT RECORD WILL VARY FROM COUNTRY TO COUNTRY AND THE TYPE OF RECORD
• THE TIME FOR RECORD ARCHIVING/RETENTION BEGINS WHEN THE CLIENT IS TERMINATED
• DISPOSAL AFTER THE ELAPSED TIME – CONFIDENTIAL MANNER – E.G. SHREDDING OF RECORDS OR INCINERATION
• AVOID DISPOSAL METHODS THAT COMPROMISE CONFIDENTIALITY
QUESTION: HOW & UNDER WHAT CIRCUMSTANCES & TO WHOM SHOULD ACCESS TO CLIENTS’ RECORD BE
ALLOWED?
1. GET CLIENT’S INFORMED CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION
2. UNDERSTAND THE INFORMATION IS BEING SOUGHT BY A THIRD PARTY
3. WHO ARE THE RECIPIENTS OF SUCH INFORMATION (FREEMAN, 2000)
 ELEMENTS OF THE INFORMED CONSENT

FREEMAN (2000) IDENTIFIES FOUR CRITICAL ELEMENTS:

1. COMPETENCE
2. VOLUNTARINESS
3. FULL INFORMATION
4. COMPREHENSION
 ELEMENTS OF THE INFORMED CONSENT

• COMPETENCE: INDIVIDUAL’S ABILITY TO MAKE RATIONAL DECISIONS PERTAINING TO THEIR

PARTICIPATION IN TREATMENT
• VOLUNTARINESS: CLIENT IS FREE TO MAKE THE DECISION TO PARTICIPATE OR NOT
• FULL INFORMATION: RISKS AND POTENTIAL REWARDS ARE DISCUSSED AT LENGTH WITH THE CLIENT
• COMPREHENSION: INFORMATION IS EXPRESSED IN A SIMPLE, CLEAR AND CONCISE LANGUAGE OR IN
A MANNER THAT THE CLIENT UNDERSTANDS
• PROFESSIONAL JUDGEMENT IS CRUCIAL AT THIS POINT – TO DETERMINE HOW MUCH INFORMATION
THE CLIENT RECEIVES (FREEMAN, 2000)
ELEMENTS OF A CONSENT OR RELEASE FORM

• RELEASING INFORMATION: NAME OF PERSON OR AGENCY

• RECORD DESCRIPTION: SPECIFY WHICH RECORDS ABOUT CLIENT
(PSYCHOLOGICAL TESTS, DIAGNOSIS, PROGNOSIS, REPORTS)
• INTENDED USE OF INFORMATION MUST BE SPECIFIED
• RELEASE DATE AND SIGNATURES OF RELEVANT PERSONNEL
• DATE WHEN RELEASE EXPIRES (FREEMAN, 2000)
ELEMENTS OF A CONSENT OR RELEASE FORM

• NOTATION: CONSENT CAN BE REVOKED BY CLIENT AT ANY TIME – EXCEPT WHEN ACTION HAS
ALREADY BEEN TAKEN
• LIMITS OF THE INFORMATION PROVIDED
• AUTHORIZATION RELEASE – NAME AND SIGNATURE AND DATE – WHAT RELATIONSHIP IS THIS
PERSON TO THE CLIENT – IF NOT THE CLIENT
• DISCLAIMER THAT INFORMATION IS CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANY
PERSON OTHER THAN THE INTENDED PARTIES – VIOLATION OF CONFIDENTIALITY AND PRIVACY
• CLIENTS’ RECORDS MAY BE SUBPOENAED DUCES TECUM – PROFESSIONAL APPEARS IN COURT –
WITH ALL THE CLIENT FILES AND RECORDS (FREEMAN, 2000)
ELEMENTS OF A CONSENT OR RELEASE FORM

• ONUS ON THE PRACTITIONER TO SEEK LEGAL CONSULTATION

• HERE IN LIES AN ETHICAL DILEMMA -ETHICAL BEHAVIOR WILL BE AT ODDS WITH
THE LEGAL REQUIREMENT
• IF THE COUNSELOR DOES NOT COMPLY – HE OR SHE MAY FACE LEGAL
SANCTIONS WHILE ALLOWING ACCESS TO THE CLIENT’S INFORMATION MAY BE
AN ETHICAL VIOLATION (FREEMAN, 2000)
 MALPRACTICE: DEFINITION

MALPRACTICE (N.D.)
• AN ACT OR CONTINUING CONDUCT OF A PROFESSIONAL WHICH DOES NOT MEET THE
STANDARD OF PROFESSIONAL COMPETENCE AND RESULTS IN PROVABLE DAMAGES
TO HIS/HER CLIENT OR PATIENT. SUCH AN ERROR OR OMISSION MAY BE THROUGH
NEGLIGENCE, IGNORANCE (WHEN THE PROFESSIONAL SHOULD HAVE KNOWN), OR
INTENTIONAL WRONGDOING. … IN ORDER TO PROVE MALPRACTICE, THERE MUST BE
TESTIMONY OF AN EXPERT AS TO THE ACCEPTABLE STANDARD OF CARE APPLIED TO
THE SPECIFIC ACT OR CONDUCT WHICH IS CLAIMED TO BE MALPRACTICE AND
TESTIMONY OF THE EXPERT THAT THE PROFESSIONAL DID NOT MEET THAT
STANDARD (N.P)
 MALPRACTICE

A MALPRACTICE LITIGATION INCLUDE FOUR ELEMENTS. A:

1. DUTY ON THE PART OF THE PRACTITIONER
2. BREACH OF DUTY
3. ACTUAL LOSS OR INJURY
4. CAUSAL RELATIONSHIP BETWEEN THE BREACH OF DUTY AND THE INJURY OUTCOME
(FREEMAN, 2000)
THERE MUST BE A PROFESSIONAL RELATIONSHIP BETWEEN THE PROFESSIONAL & CLIENT
 MALPRACTICE

• THERE MUST BE A PROFESSIONAL RELATIONSHIP BETWEEN THE PROFESSIONAL

& CLIENT
• EXAMPLES OF MALPRACTICE:
• INAPPROPRIATE DIAGNOSIS
• VIOLATION OF CONFIDENTIALITY
• LIABILITY FOR SUICIDE OR MURDER
• FAILURE TO SUPERVISE PROPERLY