Identifying the standard of care in malpractice cases involving counseling professionals, P.2

In any healthcare-related liability case, it is not enough for a plaintiff to provide evidence of a poor outcome and to blame that poor outcome on the health professional. Not every poor health outcome is attributable to professional error, and not every professional error rises to the level of malpractice.

What must be done to build a meritorious malpractice case is to establish the standard of care, the course of action that would have been expected of the professional, and to show that the professional’s failure to follow the legal standard was a sufficiently significant cause of the harm suffered by the patient.   

As we mentioned last time, standards of care are not always easy to establish. Much depends on the circumstances of the case, but also on the type of health care professional involved. For cases involving counseling professionals, the legal standard of care has to be distinguished from risk management guidelines hospitals and professionals use to reduce the risk of error for purposes of managing insurance costs. Also, counseling standards of care do not follow any particular theoretical orientation, and many counseling standards of care evolve over time. These and other factors must be taken into account when building a malpractice case against a negligent counseling professional.

For patients who are harmed by a counseling professional, and/or their families, the important thing in assessing potential violation of a standard of care is to determine whether the counseling professional violated any ethics guidelines, licensing regulations, or any federal or state law, whether established by statute or in case law. Navigating such matters can be challenging, even for a seasoned professional, and patients are advised to work with experienced legal counsel to ensure they build the strongest possible malpractice case and have skilled assistance navigating the courts and the legal process.

No Comments

Leave a comment
Comment Information

Free Consultations | No Fee Unless We Win

Email us or call us at 866-585-1076 to discuss your medical malpractice case. There is no cost, no obligation and never a fee unless we are successful. You have nothing to lose by learning your rights and options today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Request a Free Consult

Penobscot Building, 645 Griswold Street, Suite 4200
Detroit, MI 48226

Toll Free: 866-585-1076
Phone: 313-447-0634
Fax: 313-961-5985
Detroit Office Map

Ohio Office
315 East Main Street
Suite A
Ottawa, OH 45875

Phone: 269-220-3379
Ohio Office Map