Scales

  
Select A Topic . . .
Access to Records - "Noncustodial Parent"

Advertising

Advertising - "Expertise"

Advertising - Sliding Fee Scale

Attending the Patient's Wedding (or Other Significant Event)

Authorization Forms

Avoid These Common Errors

Bequest from Patient

Business License

Child Abuse

Child Abuse - Emancipation of Minor

Child Abuse Report Required or Permitted?

Child Abuse Reporting

Child Abuse Reporting - Duty to Investigate?

Child Abuse Reporting - Neglect

Confidentiality - "No Secrets" Policy (Couple Being Treated)

Confidentiality - AIDS/HIV

Confidentiality - Child Abuse Investigations

Confidentiality - Conflicting Requests

Confidentiality - Couple Being Treated

Confidentiality - Dangerous Patient?

Confidentiality - Death of the Patient

Confidentiality - Exception

Confidentiality - Fact of the Relationship

Confidentiality - Group Therapy

Confidentiality - Pregnancy of a Minor

Confidentiality - The Search Warrant

Confidentiality - The Unexpected Caller

Confidentiality and Authorization Forms

Confidentiality and HIPAA

Confidentiality and the Dangerous Patient

Consent to Treat Minor (Sole and Joint Legal Custody)

Consent vs. Authorization

Custody and Visitation Disputes - The Big Mistake

Dangerous Patient - Immunity From Liability

Dangerous Patients and the “Tarasoff Duty"

Dangerous Patients and the Therapist's Duty

Disciplinary Actions

Dual or Multiple Relationships - An Overview

Elder Abuse

Elder Abuse/Dependent Adult Abuse Reporting

Ethical Standards - Conflict with the Law

Ethics

Family Law - "Joint Custody"

Fees

Fees - Barter

Fees - Raising Fees

Fees - Sue the Patient?

Fees - The Sliding Fee Scale

Gifts - To and From Patients

HIPAA

HIPAA - Enforcement

HIPAA - Patient Access to "Psychotherapy Notes"

HIPAA - Psychotherapy Notes/Records

HIPAA - Right to Amend Records

HIPAA - Subpoena for Records and Notes

Hypnosis/Hypnotherapy

Immunity From Liability

Informed Consent

Informed Consent - Videotaping/Risks

Informed Consent: Hugs and Other Touching

Laws, Regulations, and the Attorney Generals' Opinions

Liability for the Acts of Others

Licensing and Certification

Mandatory Continuing Education - Does it work?

Negligence vs. Gross Negligence

Online Therapy

Online Therapy - Disclosure

Online Therapy - HIPAA

Online Therapy - Insurance Coverage

Parental Access to Records of Minor

Partnerships - Be Careful

Privilege - A Common Waiver

Privilege - Group Therapy

Privilege - Waiver

Privilege and Confidentiality

Privileged Communications

Professional Corporations

Records - Destruction at the Request of the Patient?

Records - Removal of Information From File

Records - Stolen, Lost or Destroyed

Referrals

Scope of Competence

Scope of License

Self Disclosure

Something Lighter - Cancel the Appointment

Something Lighter - Law and Sausage!

Something Lighter - Self Defense

Something Lighter: A Definition of "Psychotherapy"

Telemedicine - Hours of Experience Toward Licensure?

Telemedicine: Telephone Counseling/Therapy?

Termination - Who is the Patient

Termination of Employment: Who "Owns" the Patient?

Termination of Treatment

Testifying in Court

Think About This - Child Abuse?

Treating Children

Treating Multiple Members of a Family - Conflicts

Treatment Records

Treatment Records - Ownership

Using Patient Information in Public Presentations

Verbal Abuse - Free Speech

 

Bulletin Archives

 

Bulletin Archive

 
by Richard S. Leslie, J.D. Click here for profile.
Attorney at Law - "At the Intersection of Law and Psychotherapy"


Liability for the Acts of Others

(May 2007
, Volume 1)

… Most private practitioners practice as sole proprietors. Some sole proprietors may unwittingly expose themselves to possible liability for the negligent acts of others. This can occur if the practitioner is involved in what is called an “ostensible partnership.” In other words, if a patient reasonably believes that a partnership exists, a jury or judge may conclude that one or more individuals who practice together should be treated as a partnership for purposes of assigning liability.

 

A basic rule of partnership liability is that each partner can be held personally liable for the negligent acts of the other partners. Thus, therapists who practice in “loose groups” and use the same fictitious business name on their business cards or letterhead as their colleagues, and perhaps share receptionists and waiting rooms, should make sure that their patients are clearly informed that no partnership exists and that the patient is being treated by the therapist – a sole proprietor who is essentially unaffiliated with others in the office.