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Psychotherapy Malpractice

Psychotherapy is the treatment of mental and emotional disorders using psychological methods. This form of treatment does not include physiological interventions, such as drug therapy or electrotherapy, although it may be used in combination with such methods. Psychotherapists, like all other medical practitioners, are required to treat their patients with a certain standard of care. If they fail, and if the patient is injured, they may be held financially responsible for those injuries.

Studies have shown that many psychotherapists disregard relevant research and systematic decision making when choosing assessment procedures, defining treatment goals, and selecting treatment methods. Instead of relying on professional research and treating their patients in a logical and coherent manner, they rely on familiar treatment plans that do not meet the needs of the particular patient.

Often, a psychotherapist who neglects appropriate treatment planning is forced into what is known as the "Bait and Switch" tactic. Similar to the retail technique where a merchant lures a buyer into a store with the promise of an attractive "bait" which is unavailable and then "switches" the buyer to a more expensive item, the neglectful psychotherapist often lures patients with a promise to resolve a particular problem and then "switches" to address a series of complex issues that are of more interest to the therapist, regardless of whether those issues are relevant to the patient's problem. Without using a systematic method of addressing and planning treatment for the patient's problem, the psychotherapist uses the same general approach he uses with all patients, no matter what their problem.

Practicing therapists frequently do not get informed consent from their patients. An effective course of psychotherapy requires the therapist to clearly identify the goals of the therapy and the details of how those goals will be accomplished. In addition, the informed consent should specify both the benefits and any potential adverse effects of the proposed treatment, along with alternative courses of treatment besides the procedures recommended by the therapist.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.

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