The UK is now a very litigous society. The combination of 'no
win, no fee' lawyers and an increased pubic understanding of the
rights and responsibilities of organisations they do business with
means that claims are on the rise and likely to remain a serious
worry for many practitioners.
"This means that professional liability
insurance is now an absolute must for anyone offering therapy in
any guise."
This means that professional liability
insurance is now an absolute must for anyone offering therapy
in any guise. And while therapists are by no means the group most
likely to be sued, there are unfortunate instances where claims are
made. And the consequences of any claim can be severe.
Towergate Professional Risks, which offers specialist liability insurance for therapists, has come up
with research showing where claims are most likely and gives tips
on how therapists can mitigate the risks.
Incorrect advice or treatment given: According
to Towergate, this is the most common category of allegation made
against a therapist. Compensation is sought from the therapist
after their client's claim to have suffered, financially and/or
emotionally, as a result of receiving inappropriate treatment or
treatments that made them feel worse. Clients can sue for a number
of reasons, including physical injury or emotional distress, as
well as financial loss (due to inability to work).
The simplest thing therapists 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: While therapists face unique
challenges, they are also 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: Surprisingly, breach of
copyright is frequently the cause of litigation for therapists. If
you use any photography on your website 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.
Breach of confidentiality: Although most
therapists are fully aware of the need for client confidentiality,
liability insurance providers do often 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.