Legal Issues Flashcards

A client discloses that they are HIV-positive and refuses to inform their sexual partner. The therapist is concerned the partner is at risk. This scenario is best addressed by which legal/ethical framework?

Answer: Duty to warn/protect under Tarasoff principles, balanced against confidentiality

HIV disclosure scenarios are addressed through Tarasoff-based duty-to-protect analysis, with therapists needing to weigh confidentiality against identifiable third-party risk per state law.

In a professional malpractice claim against an MFT, the plaintiff must establish all of the following EXCEPT:

Answer: The client experienced subjective dissatisfaction with treatment

Malpractice requires duty, breach, causation, and damages — subjective client dissatisfaction alone does not establish a legal claim.

An MFT practicing in a state that does not have a specific 'duty to warn' statute encounters a client making threats. What guides the therapist's legal obligation in this situation?

Answer: Common law negligence principles and professional ethics still apply

Even without a specific statute, therapists may have common law duties of care, and professional ethics require action when a client poses foreseeable danger.

A licensing board receives a complaint that an MFT engaged in a sexual relationship with a current client. This conduct is best categorized as:

Answer: Grounds for license revocation and potential criminal charges in many states

Sexual contact with current clients is a serious ethical and legal violation — many states criminalize it and licensing boards routinely revoke licenses for this conduct.

An MFT is ending treatment with a client who still has significant clinical needs. To avoid abandonment liability, the therapist should:

Answer: Provide reasonable notice, offer referrals, and document the transition plan

Proper termination requires advance notice, clinical justification, provision of referrals, and documentation to protect against abandonment claims.

Which of the following best describes the legal concept of 'res ipsa loquitur' as it might apply to an MFT malpractice case?

Answer: Negligence is inferred from the nature of the harm without direct proof of specific error

Res ipsa loquitur allows negligence to be inferred when the harm caused is of a type that ordinarily does not occur without negligent conduct.

A therapist is asked by a client to sign a letter stating the client is 'mentally fit' to adopt a child. The therapist has only seen the client for three sessions. What is the most appropriate response?

Answer: Decline, as issuing a fitness opinion after minimal contact exceeds the scope of competent assessment

Issuing a fitness-for-adoption opinion after only three sessions is outside the therapist's competence and could constitute misrepresentation.