California Law and Ethics Practice Exam

In a malpractice suit, what must the opposing attorney establish?

1. Whether therapy sessions were enjoyable for the client

2. Whether the therapist had a good reputation

3. Whether the therapist managed crisis and high-risk issues appropriately

4. Whether the therapist was licensed to practice

The correct answer is: Whether the therapist managed crisis and high-risk issues appropriately

In a malpractice suit, the opposing attorney must establish whether the therapist managed crisis and high-risk issues appropriately. This is essential because malpractice in a therapeutic context often revolves around the therapist's ability to identify, assess, and effectively respond to high-risk situations, such as suicidal ideation, threats of harm to others, or severe mental health crises. Establishing this aspect demonstrates whether the therapist acted competently and within the standard of care expected in the profession. If a therapist fails to handle such issues properly, it can significantly increase the risk of harm to the client, providing grounds for a malpractice claim. Other aspects, such as the enjoyment of therapy sessions, the therapist's reputation, and licensure, while relevant in a broader context, do not directly address the core responsibility of the therapist in ensuring client safety and providing adequate crisis management, which are central to determining professional malpractice.