Going to therapy means that you place a great deal of trust in a professional during some of your most vulnerable moments. But what happens when a therapist breaches that trust and their actions harm you? Michigan law holds therapists to professional standards of care, allowing you to file a malpractice claim if you meet certain requirements.
Establishing therapist malpractice under Michigan law
To build a valid claim, you will need to satisfy the following criteria:
- A treatment relationship existed between you and the therapist.
- The therapist breached the standard of care by failing to act as a reasonably prudent professional would have under similar circumstances.
- You suffered real harm as a result of the negligence.
- A clear link existed between the breach and your harm.
Malpractice in therapy can take many forms, including violations of professional ethical standards or a diagnosis that represents a significant departure from accepted norms.
Identifying who is and who is not responsible
Not everyone who offers mental health support can face a malpractice claim. Professionals who may face liability include:
- Licensed psychologists and psychiatrists who diagnose and treat mental health conditions.
- Licensed counselors and clinical social workers who provide therapy under state credentials.
- Employers or group practices that may share blame under a legal doctrine known as respondeat superior.
Unlicensed life coaches, peer support workers and spiritual counselors usually fall outside Michigan’s malpractice laws. Their actions might lead to other types of legal claims, such as negligence, but the specific rules of a malpractice case would not apply.
Meeting the legal deadlines and requirements
Michigan law gives you two years from the date of the alleged malpractice to file. The discovery rule also allows an additional six months for filing your claim. This applies only if the harm was not immediately apparent or if you could not reasonably recognize it sooner, as long as it is within six years of the incident.
Before you file a lawsuit, state law requires you or your legal representative to send notice of intent to the therapist at least 182 days before the case begins. This waiting period gives both sides a chance to review the case and try to resolve it.
Another legal requirement is an affidavit of merit signed by a mental health provider. Submitting a case without one without one can result in the court dismissing your case.
You might also want to consider filing a formal complaint through Michigan’s Department of Licensing and Regulatory Affairs, which looks into licensed health care providers. A board review can hold a therapist accountable, even if you choose not to file a civil lawsuit.