The relationship between mental health professionals (MHPs) and their clients is a relationship of trust. Clients rely on MHPs to listen to their concerns, focus on their wishes, ensure informed and voluntary consent, provide competent services, maintain client confidentiality, and avoid risky practices (Pope et al., 2021). But what happens when clients feel that trust has been broken? Clients may turn to the courts for various remedies. A malpractice lawsuit is a court action requiring the client to prove that: the MHP owed them a duty of care, the MHP breached that duty of care, and the breach of the duty caused the client to suffer harm or damages (Barsky, 2024). The primary remedy for a malpractice lawsuit is monetary compensation for the harm experienced by the client. Although suing an MHP may be an appropriate course of action, there are other alternatives. This post explores four options to consider before taking legal action.

When clients are dissatisfied with the actions or services of their MHPs, one of the first courses of action they should consider is having an informal discussion with their MHP. This could be a discussion in person, over the phone, or through videoconferencing. Rather than incurring the time and stress that may arise from a lawsuit, informal discussions may lead to relatively quick and collaborative solutions.

In some instances, the cause for the concern may have been a miscommunication (Barsky, 2017). For instance, a client may be concerned that an MHP broke confidentiality by consulting with another professional about her situation. The MHP might explain that although he did consult another professional, he did not share any identifying information. He might also explain that the service agreement allows the MHP to obtain consultation.

In other situations, the MHP may validate the client’s concern and work toward a collaborative solution. Assume that the client felt very distressed when an MHP asked them about childhood

© Psychology Today