Last year I attended a Meetup of Mental Health Professionals in Private Practice (Denver, Colorado). The speaker was Michelle J. Stevens, MA, LPC, JD of Centennial, Colorado who describes herself as someone who “was an attorney for 30 seconds” before realizing she was meant to be a mental health counselor. Fortunately for us, she still retains some of those concerns for risk management and so she graciously shared with us her “cheat sheet” for what to do when you find yourself being grieved or sued for malpractice. 
- B-R-E-A-T-H-E.
- Gather all documents related to this client [including clinical notes, billing records, telephone records, etc.]
- Contact your professional liability insurance provider. [That means you need to have the phone number, policy number, and date the policy went into effect, and your state license number with you when you contact them.]
- Contact a mental health attorney. Hint: If you prefer to use a specific attorney, let your insurance company know, they will probably let you work with him or her.
- Do not discuss this claim with anyone – including the client. You may, of course, talk with your insurance company and/or your attorney.
- Do not sign or accept any document without approval from your professional liability insurance provider and your attorney.
- Do not admit liability or agree to any settlement proposal.
- Report any communication you receive regarding this claim immediately to your professional liability insurance provider and your attorney.
Do yourself a favor and bookmark or print out these tips. There will be a point in your professional life when you or a colleague will need them.
[And, thank you, Michelle, for helping us stay focused on staying out of trouble!]
I must say! Every single time I click over to read a new blog post, I come away with valuable information and thought provoking questions. I really am happy to have found you!
Mary Ann! So glad you have joined us, too!
And, by the way . . . that’s the idea, isn’t it? Most of us are way too busy to waste our time with a bunch of grandiose promises, glitz, and glitter. We’ve got bills to pay, families to focus on, and plans to change the world! And, if you are finding topics missing here . . . anything you need to know that isn’t being addressed, just drop me a note here to let know! I won’t have all the answers but I’ll do my best to go out and find folks that do have those answers!
What a great article. We all hope this won’t happen but in reality it can and I think it is good to know what do when and if it should happen. Thanks for sharing!
Good morning, Lyndsey! It’s been too long since we’ve heard your voice here! What I know is that being grieved by a client or having a malpractice suit happens all to often . . . and sometimes it happens to the nicest therapist with the best intentions. I know . . . because it happened to me! And, when it does happen . . . it really doesn’t matter if you did the best you could . . . or you are found innocent in the end . . . . You still lose sleep and it still costs a chunk of change . . . and it’s still embarrassing! Better to be prepared than assume that “Bad things happen to bad people.” The truth is in our professions, we are all vulnerable to complaints.
Have a great day!
Thanks for posting about this. I, too, hope that it doesn’t happen, but at least we have a starting point if it does.
Thank you Tamara, great blog. I’m building a private practice and appreciate the info and support. Regarding threats of grievance or malpractice: Excellent guidelines but may I add the importance of adequate documentation, not just progress notes but all phone calls, or other contacts, case staffings, and your thought process when making decisions about level of care and referrals. Its really important to know the law as it applies to documentation. Good documentation can save us. In addition, if you don’t have an attorney who specializes in mental health law in your area, you probably want to find one before anything happens. I have been a clinical supervisor for over 20 years and still call on our attorney from time to time, usually about release of records requests. We live in a litigious society and need to be smart about protecting ourselves.
Dot, it’s great to have your voice here. You make several critical points that really ring true for me – being proactive, establishing good habits for documentation, finding legal counsel you trust before you need it, and being sensitive to risk management. Thanks so much for sharing your experience! It’s invaluable!
Hi Tamara,
It would be great to know some red flag situations that might turn into a grievance. I would imagine those to be divorce/custody situations, possibly a Borderline PD. client becoming angry, etc. Are there some others that we might be more alert to? Thanks so much for your timely and informative website, Tamara!
Hi, Patricia! This is such a great question and you’re right, there are many! Since this post is a rather old, I hope you don’t mind if I take this into a whole new blog post in the next couple of months. Patricia, if you have a website and would like to share your last name and location, I would be happy to credit you with the prompt and let you know when it’s scheduled to go “live.”
Hey! I just noticed that you don’t have a little photo of you that shows up with your comments here (and on other blogs, too). They are called “gravatars.” Using a gravatar helps others get to know and trust you quicker.
Here’s a link to a quick tutorial that shows you how to set up your own gravatar http://www.allthingsprivatepractice.com/how-a-tiny-picture-of-you-can-help-drive-traffic-to-your-website-or-blog/ . (Don’t worry! It’s so easy that even I could do it and it’s absolutely FREE!)
Thanks! Great tips and info. Hope I never have to use this, but better safe and prepared than sorry and scared!