Instead it is a C student standard based on the average practitioner . If a psychotherapist uses the correct process to arrive at a decision he or she may not be negligent, even though the end result is bad or unfortunate. Of course, one way to get around the standard of care is if a plaintiff's attorney can show that a patient was not given an informed consent to treatment. A simple definition of informed consent is a risk benefit analysis of the proposed treatment designed to give the patient adequate information to choose whether or not to proceed. If it develops that the patient did not give informed consent to the treatment a plaintiff's attorney can argue that the entire treatment was unauthorized.
Informed consent is an issue that is frequently raised in malpractice litigation.
As a final point, while many psychotherapists have historically had patterns of not taking notes, it is now essential for professional survival to take at least minimal notes. In taking notes the psychotherapist must not only note what the patient says as accurately as possible, but must note what he or she did about what the patient said. To be within the standard of care a psychotherapist should take notes which clearly reflect the interaction. Hopefully understanding these principles will allow psychotherapists to practice in a fashion that minimizes exposure to civil or administrative litigation.