Malpractice insurance: Update on sex claims.

Abstract

This article is an update on some of the issues that have been dealt with by the Insurance Trust. The Trust has an "occurrence" coverage which covers the psychologist psychotherapist for the year that he/she had the coverage for life. A focus on sexual malpractice is made with information about the claims made against female psychologist psychotherapists. The change in the malpractice coverage that was effective in 1985 with respect to cases of sexual malpractice is also discussed.

Sexual Contact Between Psychologists and Patients

“…The first malpractice suit filed against a female clinician was by a female patient in 1983 (Cummings & Sobel, 1985). By the end of 1984, there were 11 such claims filed, as well as two cases involving a male patient suing a female psychotherapist and one case with both parties being male (Cummings & Sobel, 1985).…”

“…The courts ruled in favor of the former patients, claiming that regardless of the termination, the emotional transference was still in operation (Cummings & Sobel, 1985). The case of Noto v. St.…”

“…By 1980, nearly 10% of the APA Insurance Trust's malpractice suits were for sexual misconduct allegations (Wright, 1981, cited in Hunsaker, 1998. Only one of the 726 claims of sexual malpractice filed from 1975 through 1984 with the Insurance Trust led to the therapist being exonerated (Cummings & Sobel, 1985). Of the total amount paid by the APA's insurance carrier between 1978 and 1988, 45% was for sexual misconduct cases (Seto, 1995).…”

Ethical, Legal, and Administrative Options to Address Sexual Relationships Between Counselor and Client

“…There is a current trend to exclude coverage for this type of charge (Burnstein, 1986), to cap the possible damages awarded (Cummings & Sobel, 1985), to defend only if the accused denies the charges, and to pay for legal defense but not award claims (Simon, 1985). Pope and Bouhoutsos (1986) have asserted that insurance companies are generally reluctant to have these cases go to trial, and thus malpractice policies may actually stipulate that the counselor is required to settle out of court if the insurance company so wishes.…”

“…Legal action for sexual misconduct is fairly common (Herrington, 1985), increasing in occurrence (Cummings & Sobel, 1985), and occasionally financially rewarding (Simon, 1985). Certain factors affect the feasibility and outcome of legal proceedings.…”