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After Counseling Fails, Many Sue Therapists

By ALM Staff | Law Journal Newsletters |
September 27, 2006

The growing popularity of therapy for everything from marriage troubles to drinking problems has the mental health care community paranoid about lawsuits. Legal and health care experts say that therapists today face a greater risk of being sued than ever before, particularly given the 55% divorce rate and the breakdown of the family.

The fear of litigation is especially high among therapists who get tangled in messy custody disputes and get blamed for the loss of child custody. 'They are in the most dangerous environment in America ' and that's getting in between parents and their children,' said Eric C. Marine, vice president of claims for the American Professional Agency, which provides malpractice insurance to mental health care professionals. Marine, who is writing a white paper titled 'The Cleavers Have Left the Building,' believes that the breakdown of the family has pushed more people into therapy and, consequently, has triggered more suits against therapists in recent years. He should know. He sees the therapists' malpractice claims, and often gets phone calls from them upset about a lawsuit or a complaint. 'When I was young, nobody ever said anything about seeing a shrink. And even if you were seeing one, you didn't tell anyone. Today, I think that's why there are more lawsuits because therapy is now mainstream,' Marine said.

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