Mitigating the risks of malpractice lawsuits.

MHPs should consider alternatives to terminating services, including ways to address underlying concerns.

Risk management strategies include consultation, documentation, risk assessment, referral, and follow-up.identified the components of malpractice and explored how mental health professionals may be liable for malpractice if they terminate work due to personal reasons such as health issues, moving, or family issues. Part 1 also identified situations in which it may be legally and ethically justifiable to terminate services due to personal reasons.

Note there is a difference between the decision on whether to accept a client for services and a decision to terminate work with an existing client. MHPs do not have the same obligation to serve potential clients as they have to continue to serve people who are already clients. In either situation, MHPs should not discriminate against clients, and they should ensure clients have access to services .

When considering termination as a means of self-care, MHPs should also consider alternate means of self-care that may meet their own needs as well as those of their clients. For instance, if work with a client is triggering emotionally disturbingto work through their emotional issues. If the MHP is feeling overwhelmed, then perhaps a vacation or fewer client appointments might be helpful.

Clearer guidance from professional associations could help MHPs navigate potential conflicts between the interests of clients and those of MHPs, particularly when the MHPs are experiencing significant personal issues.

Source: Healthcare Press (healthcarepress.net)

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