Malpractice in psychotherapy: what is it, examples and sanctions involved?

Let's see what types of malpractice in psychotherapy exist and what sanctions they entail.

The profession of psychologists and psychiatrists in a clinical context must be carried out in accordance with the lex artis, which means that they must perform their professional duties in psychotherapy in a manner that is considered correct to carry out the treatment of their patients.

In case of non-compliance with the lex artis, we would be talking about malpractice in psychotherapyThis could be detrimental to the patient and to his or her correct recovery, as well as it could also affect colleagues or even the same center or institution where he or she works, and the degree of seriousness of the malpractice could depend on the infractions committed.

Malpractice actions could be sanctioned by the penal code.The institution in which he/she works and also by the professional association of the autonomous community in which he/she carries out his/her profession.

What is understood by malpractice in psychotherapy?

The malpractice in the area of the mental health is given when a professional carries out some or several actions that do not respect the ethical standards, the norms of the center or institution where he works, non-compliance with the law within the psychotherapeutic context or the incorrect application of the scientific-technical knowledge related to the practice of their profession..

The seriousness of the breach of any of the functions related to the psychotherapist's profession is classified according to its severity.

Examples of malpractice in psychotherapy

Below we will discuss the various offenses that could be committed by psychotherapists in a classification ranging from minor, through serious and may be considered as very serious.

1. Slight faults of malpractice in psychotherapy

These are the minor faults in psychotherapy that infringe good practice in the performance of the psychotherapist's profession.

Unjustified failure to comply with the working hours or absence from the work place without justification. without any justification for it, as long as it does not amount to a serious or very serious misconduct.

Lack of conformity in social interaction with co-workers, or negligence in the fulfillment of some of the functions of his or her professionThe company shall not be held responsible for any of the above, provided that it does not affect administrative matters or customers, and provided that it is not considered by the corresponding body as serious or very serious misconduct.

When there is a non-compliance with the express rules or laws related to health and safety in the therapeutic setting or the failure of the therapist to comply with the duties and obligations with respect to his or her duty with respect to his or her profession, provided they do not amount to a serious or very serious misconduct.

Another minor misconduct would be the fact of consenting to, covering up or even cooperating with any act in the commission of serious misconduct by a professional colleague, provided it does not amount to serious or very serious misconduct.The official college of the autonomous community in which the health profession is practicing is normally responsible for determining this, as long as it is not considered to be a serious or very serious misconduct.

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2. Serious faults of malpractice in psychotherapy

The causes that could be sanctioned as serious misconduct in the practice of psychotherapy will now be discussed.

Among the serious misconduct are the serious disregard for patients and co-workers, abuse of authority in their work environment, damage or deterioration of equipment or facilities of their workplace caused by unjustified negligence, a drop in performance in their work, without constituting a very serious misconduct or failure to comply with the rules governing their profession, in the case of not being qualified as a very serious misconduct.

Other serious misconduct would be the unjustified failure to comply with the stipulated working hours, accumulating more than 20 hours per month less than the hours that should be worked, as would be a serious misconduct. the refusal of the psychotherapist to use the means available in his workplace to prevent certain occupational risksThe refusal by the psychotherapist to use the means available in the workplace to prevent certain occupational hazards, having received such means and the appropriate information in this regard.

Also among the acts sanctioned as serious misconduct are accepting any consideration from any patient for services rendered or missing work for a period of more than 3 consecutive days or five alternate days in 2 months, as long as this does not come to be considered as a very serious misconduct for any reason.

3. Very Serious Psychotherapy Malpractice Offenses

This section will briefly explain some of the offenses considered to be very serious by mental health professionals.

When the psychotherapist breaches his or her professional duty in the therapeutic context of mental health, even violating any law of the Constitution or of the respective Statute of Autonomy, or in those cases in which he or she discriminates against a patient or professional colleague for any reason whatsoever. discriminate against a patient or fellow practitioner for any reason (e.g., racial, racial, ethnic, racial (e.g., racial, gender, religion, social status, economic situation, among others).

Abandoning their professional service without justified cause, leaving their patients without receiving the professional help they deserve, when they are absent for a period of more than 5 days without any justifiable cause, having a notably inferior performance in the performance of the functions required by their profession or failing to comply with their obligation to provide essential services that have been stipulated in the event of a strike.

Revealing private data regarding the institution or the center where I work, or about the information revealed by their patients in the psychotherapy sessions or at any time during their stay in the health center, breaking their privacy, breaking the obligation of the psychotherapist to keep professional secrecy. psychotherapy sessions or during any moment of their stay in the health center, which breaks their intimacy, breaking the psychotherapist's obligation to keep professional secrecy.

It would be a serious fault if the psychotherapist fails to comply with the functions of his job and/or the rules that regulate his profession, as well as if he fails to comply with the orders of a superior in a manifest and notorious manner, thus infringing any law that regulates his profession or that of the center or institution where he works, as well as the fact of performing any illegal act with respect to his functions that seriously harms the patients, colleagues and/or the institution or health center where he works.

Other grounds for sanction for serious misconduct would be when a health professional takes advantage of his or her status as statutory personnel to obtain some kind of benefit for himself or herself or for third parties, or to demand any compensation for his or her services to any patient of the health services. for himself or for third parties or the demand of any compensation for his services to any patient of the health services.

Aggression against another person with whom he has a relationship through his profession as a healthcare professional (e.g., a patient or co-worker) would also be punishable as a serious offense, as would sexual harassment.

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Prescription of faults leading to malpractice in psychotherapy.

According to Law 55/2003, the faults that do not comply with the laws prescribe to the elapse of a determined time in function of the degree of gravity of the malpractice in psychotherapy that has been carried out.These time periods are as follows:

• Minor misconduct: after 6 months have elapsed since the misconduct was committed.
• Serious misconduct: after 2 years.
• Very serious misconduct: after 4 years.

Sanctions for having carried out a malpractice in psychotherapy

The following is a brief description of the different sanctions that may be applied in the event of misconduct by mental health professionals.

1. Removal from the service

In the following 6 years after having received the sanction it will not be able to practice in the scope of the public healthnor may he/she work in any public administration or body.

Therefore, he would lose his status as statutory personnel, and may receive this sanction in case of committing very serious misconduct involving malpractice in psychotherapy.

2. Having to forcibly change location and place of work.

In this case, the therapist would have to move to another locality and would be prohibited from participating in any mobility procedure in order to be able to rejoin the locality from which he/she has been "expelled" during the 4-year period after having received the sanction. He/she would also not be entitled to receive any compensation, he/she would also not be entitled to receive any compensation.

Such a sanction could be imposed only in the case of very serious misconduct.

3. Suspension from professional duties

You would be banned from practicing your profession as a healthcare professional for a period of 2 to 6 years for committing very serious misconduct.. In case of committing serious misconduct, the suspension would be for a period of less than 2 years.

In the event of being suspended for a period of less than 6 months, he/she would not lose his/her position in the center in which he/she is working, and could return to it once the sanction has been served.

4. Having to be forcibly transferred to another workplace

The sanction involving a forced transfer to another work place would be applied for a period not exceeding 2 years, in the case of serious misconduct.The penalty would be applied in the case of serious misconduct.

5. Reprimand

The mental health professional would receive a written warning in the case of having committed minor offenses that may influence a malpractice in psychotherapy.

Criminal and deontological liability

When committing a malpractice in psychotherapy, your actions could be penalized at the criminal, civil and/or deontological level, as we will see below.

Criminal liability

There are acts of malpractice that could suppose some omission or imprudent action that is thought by the Law.In this case, they could be divided into two types:

• Reckless or negligent action: causing harm to others unintentionally, through negligence or recklessness.
• Painful action or omission: intentionally causing harm to another person in the professional context.

Deontological liability

As is well known, health professionals in the field of mental health must comply with a series of ethical standards in the practice of their profession.

In the event of not complying with these ethical standards, which are governed by the profession's code of ethics, they could be denounced by other professionals in the field of mental health, they could be denounced by other professionals to the Official College of Psychologists, in the case of psychologists, or to the Official College of Physicians in the case of psychiatrists, in which case these bodies would be the ones to denounce them.In this case, these bodies would be in charge of judging whether or not there is malpractice in psychotherapy on the part of the denounced professional and, if so, they would carry out the corresponding classification and disciplinary sanction.