The risks facing therapists in private practice

20 May 2009

If you have been thinking about getting Professional Liability Insurance or even if you already have it, you may still wonder, “What exactly do people claim against therapists for?”.

We’ve dealt with many claims over the years and we want therapists to understand what causes claims, to help reduce their chances of needing to make one. After all, although claims are rare, when they do happen, the consequences can be severe.

A lot of the claims we see from our clients could have been mitigated, maybe even avoided completely, with a few simple steps. Here are some of the main causes of claims and how they might have been avoided:

Incorrect advice or treatment given
In our experience, this is the most common category of allegation made against a therapist. Compensation is sought from the therapist after their clients’ claim to have suffered, financially and/or emotionally, as a result of receiving inappropriate treatment or treatment that made them feel worse. They have tried to sue for manifold reasons, including physical injury or emotional distress, as well as financial loss (due to inability to work).

The simplest thing you can do to help avoid this type of claim is to make absolutely sure you communicate well with your client at every stage, to ‘manage their expectations’. This should include:

• Making it clear at the outset what the treatment will entail. Give them a chance to ask questions and warn them of any unusual risks.
• Advise them how likely the treatment is to succeed.
• Make sure that, if you carry out any new or different treatments, you discuss these thoroughly with the client beforehand.
• Keep notes of every session, explaining what treatment was given on what dates. Record these notes promptly, while the details are fresh in your mind.

Physical injuries
Remember that while you do, as a therapist, face some unique, adverse eventualities, you will also be vulnerable to some of the same everyday risks faced by any business. For example, if a client were to sustain physical injuries while visiting your premises, they could hold you liable.

Claims of this type are easily avoidable, but do still happen. It’s vital that you keep your premises safe, tidy and uncluttered. If you rent your premises, be sure to let your landlord know if any part of the property requires maintenance.

If a claim were to be made against you, it could help you to defend the claim if you have photographs illustrating the scene of any accident. Keeping an accident book with the time, date and circumstances of any incidents, will ensure you are well prepared for any claim against you. Most business stationers will sell a basic accident book.

Breach of copyright
Many therapists we speak to are surprised when we tell them that breach of copyright is, frequently, the cause of litigation. If you use any photography on your web site or promotional materials, be very careful to ensure that it is not subject to any copyright agreements. It’s easy to copy and paste images that you find online without thinking, but if there is a rightful owner of those images, they will have the law on their side if you use their images without permission.

Similarly, with text and promotional copy, you should only ever display your own intellectual property in the public domain, especially if you wish to use it in a commercial context.

Remember that you are ultimately responsible for your web site or marketing material. In the eyes of the law, it is no defence to say that you didn’t know or that you’re no longer in touch with your web designer. When using a web or graphic designer, or a copywriter, always ensure you get assurances that all images and copy they use are suitably licensed.

Breach of confidentiality
Most of the therapists we insure seem aware of the need for client confidentiality, but we do still have to pay out damages for therapists who have unintentionally breached their client’s confidentiality.

This typically happens when a client recommends one of their friends to you. They might, quite innocently, ask how you are getting on with their friend and what progress you are making with them.

Of course, even though both clients know one another, your sessions should always be treated as confidential. If a client should ask, simply say as little as possible and explain politely that your sessions are confidential.

These are just a few examples of the types of claim we have seen over the years. We hope you’ll agree that there are some simple, practical steps you can take to help reduce your risks. If you’d like to receive more information like this in future, then we recommend that you sign up to receive our newsletter. 

Why not speak to us at your next renewal?
If you’d like to get a better deal on your professional liability insurance, we can contact you at your next renewal, at a time to suit you.

Simply leave us your renewal date and contact details here and we’ll contact you nearer the time for a quotation.

Prefer to speak to us now?
Call us on 0113 391 9597 (Mon - Fri, 8:30am - 5:30pm) and we’ll be happy to give you a quick quote.