Reducing the Risk of Malpractice in Chemical Dependency Counseling

✍ Scribed by Monique Manhal-Baugus

• Publisher: American Counseling Association
• Year: 1996
• Tongue: English
• Weight: 481 KB
• Volume: 17
• Category: Article
• ISSN: 1055-3835
• DOI: 10.1002/j.2161-1874.1996.tb00109.x

✦ Synopsis

An increasing amount of litigation is occurring within the mental health field, including the chemical dependency profession. A malpractice lawsuit can have devastating effects on the practice of an unsuspecting professional. Even suits with absolutely no merit that are filed can have a catastrophic impact on a therapist's professional reputation, personal life, and financial stability.

This article explores the issue of malpractice and the ethical codes that are relevant to chemical dependency counselors. In addition, we explain three ethical and legal areas that are important for chemical dependency counselors to fully understand and follow: (a) informed consent, (b) confidentiality, and (c) working within and improving one's level of competence and area of expertise.

These issues are the most common sources of problems for addiction specialists. Chemical dependency counselors can reduce the risk of malpractice by understanding and following the ethical codes and legal laws to the best of their ability.

MALPRACTICE

Malpractice is the "failure to render professional services to the degree of skill and learning commonly applied by the average prudent reputable member of the profession; as a result, there is injury, loss, or damage to the recipient of those services or to those entitled to rely on them" (Bednar, Bednar, Lambert, & Waite, 1991, p. 37). In short, malpractice is the negligent execution of professional duties.