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(p. 459) Malpractice Issues for the Private Practitioner 

(p. 459) Malpractice Issues for the Private Practitioner
(p. 459) Malpractice Issues for the Private Practitioner

David L. Shapiro

and Jeffrey N. Younggren

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date: 27 February 2020

This chapter provides an overview of major concerns for practicing mental health professionals regarding issues of negligence. It discusses the concept of a professional relationship, the standard of care that derives from that relationship, the deviations from standards of care, and damages directly due to the deviations. Frequent areas of malpractice litigation are reviewed with illustrative cases presented. Common defenses against malpractice are discussed, focusing on challenging whether all four elements of malpractice have been met, and whether or not there have been contributions to the unfortunate outcomes by the patient or client herself or himself (contributory or comparative negligence). The guidance in this chapter also reduces the likelihood of administrative legal actions like board complaints. Do you want to narrow it so much. Risk management strategies are presented to assist practitioners to minimize the risk of malpractice occurring.

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