Professional Liability and Negligence as a School Counselor

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Hi,

Let's take a closer look at this interesting question. Let's consider negligence in counseling of a child and student based on real cases, one of which is attached.

RESPONSE:

You might consider Counseling as an allied health profession. There are various behaviors that are considered negligence in counseling but I located two real world examples to consider for your three-page paper.

EXAMPLE #1:

A child was restrained and later died. The counseling organization was charged with negligence in the death of the 7-year old girl. For example,

Angie died May 26, the day after she was held down at the center until she was blue and listless, according to court documents. The girl, who had attended the clinic's day treatment center five days a week for a month for behavioral problems, had been restrained on nine separate occasions, according to a state investigative report. "This was not an accident or mishap," Rick Pelishek, the Rice Lake-based regional director of Disability Rights Wisconsin, said after learning of Thursday's charges. "I think it is an important first step in holding the organization accountable for their actions, and correcting the problems that have existed for years," he said. Disability Rights Wisconsin is a nonprofit watchdog group that earlier recommended the Rice Lake center be closed.

According to the charges:

- When the Rice Lake center admitted Angie, staff failed to review her medical and psychological records.
- Essential staff failed to consult a prepared treatment plan for Angie before treating her.
- Insufficient guidance was provided staff in the proper implementation of the facility's highly ambiguous written restraint policy.
- Inconsistent policy inadequately defined what circumstances required restraint.
- The "emergency" restraint policy became justification for almost daily physical restraint of Angie.

In other words, the counseling organization could take the following steps to avoid this in the future:

- Review all medical and Psychological record prior to treatment.
- Prepare treatment plan for child before treating her.
- Provide sufficient guidance to staff in the proper implementation of the facility's clearly written restraint policy.
- Consistent policy adequately defining what circumstances requires restraint.
- The "emergency" restraint policy needs to be emphasized as emergency only.

See court case attached as: "Restraint death charges filed.docx"

EXAMPLE #2: Negligence as a School Counselor

The legal and ethical waters of any profession can be daunting but the waters are especially murky in a human service profession such as counseling. School Counseling has an added dimension, and adds to the complications of counseling individuals clients who are minors in ...