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Malpractice
Malpractice refers to the failure of a professional to meet the field-specific standard of conduct, skill, or diligence, which typically results in harm or damage to a client or patient. Just as a mechanic is expected to handle an engine with care and professional abilities, a counselor or psychologist faces the same expectations in his practice. In psychology and counseling, the standards of conduct, skill, and diligence are defined by a combination of ethical codes, such as those established by the American Psychological Association (APA) or the American Counseling Association (ACA), state licensure laws, and the general consensus of the professional community. These standards cover a wide range of practices, including confidentiality, competence, dual relationships and boundaries, informed consent, documentation and record keeping, and treatment harm (Herlihy & Remley, 2021).
For example, a fundamental aspect of counseling is the assurance of confidentiality. A breach of this trust (except under legally mandated circumstances such as imminent risk of harm), can be considered malpractice. Likewise, professionals must provide services within the boundaries of their competence, based on their education, training, supervised experience, and professional credentials (Herlihy & Remley, 2021). Practicing outside one's area of expertise or failing to refer a client when necessary can also lead to malpractice claims.
Another important standard regards the relationship between professionals and clients. Engaging in relationships with clients that blur the professional boundary, such as romantic or business relationships, can lead to exploitation and harm, constituting malpractice.
Clients also have the right to be fully informed about their treatment, including potential risks, benefits, and alternatives. Failure to obtain proper informed consent can be seen as malpractice. Inadequate documentation of clinical decisions, treatment plans, and client interactions can lead to issues in continuity of care and legal complications, potentially resulting in malpractice allegations. And...…and a commitment to resolving the issue. Regardless of the outcome, such an experience should be used as a learning opportunity, so that one can reflect on one's practice and consider improvements to prevent future complaints.
The question of whether to inform colleagues or friends about the complaint is delicate. Generally, it is advisable to maintain professional boundaries and avoid discussing the details with those not directly involved. This approach helps with maintaining confidentiality and privacy. Having support is important, but it should be done with discretion. Discussions about the complaint are best held with legal advisors, professional mentors, or therapists who can provide support while maintaining confidentiality. Sharing details with colleagues or friends can lead to biased advice and might inadvertently affect the investigation or legal process.
In conclusion, handling malpractice complaints requires a careful approach that balances legal, ethical, and professional considerations. Confidentiality, professionalism, and a commitment to…
References
Herlihy, B. & Remley, T. (2021). Ethical, Legal, And Professional Issues In Counseling.
Pearson.
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