Liability of Mental Health Counselors for Malpractice or Abuse

Like other professionals in the medical field, mental health counselors are required to abide by a strict code of ethics and make every effort possible to avoid errors and impose no harm on their clients.

Code of Ethics

• Mental health counselors are required to abide by the American Counseling Association (ACA) Code of Ethics, which provides practitioners with guidance on how to avoid imposing harm on clients. The ACA Code of Ethics also provides counselors with guidance on how to report suspected malpractice or abuse among colleagues. Breach of these duties may constitute malpractice for which the counselor may be liable.

Malpractice Insurance

• State licensing boards require mental health counselors and counselor interns to carry malpractice insurance before they may work with clients. This insurance provides financial recourse to the client if the counselor breaches his duties and causes the client harm.

Findings of Malpractice

• If a mental health counselor harms a client by behaving abusively or negligently, the client should contact the American Counseling Association Ethics Committee. She should also speak with a medical malpractice attorney if she plans to seek financial recourse.