What is the difference between therapist abuse and therapist malpractice?
All cases of therapist abuse involve malpractice. However, not every case of therapist malpractice necessarily includes abuse. A case of psychotherapist abuse normally includes sexual or other exploitation of a patient for the therapist’s own advantage. A case can also be brought against a psychotherapist just as a case can be brought against any healthcare provider for violation of the standard of care in terms of negligently diagnosing and treating a patient. All licensed psychotherapists are held to the same standard of care, except psychiatrists who are also held to the standard of care of appropriately medicating patients. Sex with a current patient or a patient who has been seen for treatment within the last two years is strictly prohibited, whether or not the sexual relationship was consentual. A number of statutes in California prohibit such conduct, including California Civ. Code. Sec. 43.93, which creates a civil cause of action for sexual abuse of a patient. Business and Pro
