Examination of the Grounds and Instances of Civil Liability Arising from Breach of Professional Duties by Psychological Counselors

Abstract

The increasing use of counseling services, particularly psychological counseling, at various levels of society on the one hand, and the irreparable harms that may be inflicted upon clients through counseling practices on the other hand, highlight the significance of harmful counseling as one of the grounds of civil liability. The high level of vulnerability of patients in relation to counselors, together with their limited capacity for sensitive decision-making, further intensifies the professional sensitivity of this occupation. For effective treatment, counselors must create an environment characterized by intimacy, empathy, and mutual understanding in which the client fully trusts the counselor; consequently, the client perceives themselves as the recipient of assistance and the counselor as the provider of support. The counselor’s professional influence and authority, combined with the client’s sincere trust, may facilitate the client’s recovery. However, recommendations and therapeutic strategies offered outside the counselor’s field of professional competence, or those influenced by personal preferences, emotional inclinations, personal experiences, or failure to comply with professional psychological standards and regulations, may give rise to civil liability. It is therefore necessary to determine which forms of professional negligence result in harm to clients and what constitutes the instances of damages inflicted upon individuals. The central research question concerns the conditions under which civil liability is established for counselors. Accordingly, this study examines the constituent elements and grounds of civil liability through an analysis of the professional obligations and duties of psychological counselors.