Ethical Principles and Malpractice in Psychotherapy

This essay provides an overview of psychotherapy, focusing on its ethical principles and the potential for malpractice. It discusses various therapeutic approaches, including psychodynamic, behavioral, cognitive, humanistic, and holistic/integrative theories, highlighting how each contributes to understanding and treating mental health issues. The essay emphasizes the importance of ethical conduct, including avoiding sexual harassment, emotional exploitation, and respecting client confidentiality. It underscores the role of Austrian Psychotherapy law in ensuring ethical practices and protecting clients' rights, including their ability to seek legal recourse for misconduct. The essay stresses the therapists' responsibility to maintain ethical standards, avoid malpractices, and prioritize client well-being. It further examines the legal implications of therapist misconduct, such as negligence and breach of duty of care, and the potential for dual cases involving both negligence and intentional misconduct, including sexual harassment. The essay aims to provide a comprehensive understanding of the ethical and legal considerations essential for responsible psychotherapy practice.

Psychotherapy

Abstract
The psychotherapy is provided for treating the mental situation of client and making them
feel more comfortable in case of any kind of abnormal situation. Varied kind of therapies and
techniques are applied for treating the patient under which main cause is found with the
application of suitable method. However, several kind of malpractice such as sexual harassment,
emotional nature and ideological aspect affect the mental state of a person to a great extent.
Owing to this, Austrian Psychotherapy law must be considered for ethical conduct of all
associated activities. It would ensure that expectations of related parties can be fulfilled. In case
of any kind of queries it might be possible that client can raise the question or take the legal
action if any misconduct is found. Owing to this, it is the responsibility of therapists to avoid
malpractice and ensure the well being of client in the right manner.

Introduction
Psychotherapy is considered as the psychological method under which regulatory
interaction takes place with a person in order to bring out change in his or her personality in a
desired manner. The major reason behind application of psychotherapy is to work upon the
mental health and well being of person through the mitigation of compulsion and troublesome
behaviours. Therapists generally use different type of techniques in order to deal with major
issues related to a person. The present essay is based on ethical principle of psychotherapy so as
to work upon any kind of transgression take place in the same field. In this regard, theoretical
framework has been explained along with detail discussion.
The psychotherapy is generally rendered on the basis of specific time period under which
better services can be provisioned to the patients by together developing a considerable
relationship among the therapists and clients. Most of the time, therapists take advantage of the
clients by developing a trustworthy relationship with them and later exploit them by sexually
abusing them. For this purpose, it is important for those who in such kind of profession to
consider the ethical or professional practices to treat the patient with respect and record all their
personal information with confidentiality (Scholten and et. al., 2016). The long procedure of
treatment reflects that client can be at risk due to high involvement into the practices. At this
juncture, ethical or professional practices must be taken into account by the associated person so
as to ensure better completion of all related activities. However, malpractices outcomes are
dangerous and are needed to be reduced such kind of activities and promote the well being of
affected people to a great extent.
The application of legal procedure might have direct impact on the mental health of
patient. Owing to this, it is very important for therapists to take care of such kind of things at

very beginning and provide the therapy in the right manner. Apart from this, ethical practices
must be understood by the therapists and other people working in their clinic (Linden and
Schermuly-Haupt, 2014). It would be effective to carry out operation activities in an ethical
manner and support all related people to maintain the positive work environment.
Theoretical framework
The theoretical framework of psychotherapy can be understood with the help of various
other theories related to it. This enables therapists to provide the right kind of treatment for a
patient by understanding his situation in a more clear manner. It can be understood with the help
of several such theories that are associated with the framework of psychotherapy, as mentioned
below-
Psychodynamic theory
It is the considered as one of the most important theory of psychotherapy under which
people interact with each other so as to resolve some issues with regard to mental health of
patient. It assists people to get their issues resolved through the free talking. Under this technique
therapists directly talk to patient or client without any kind of censoring. Here, dreams are
analyzed to assess the unconscious mind information and accordingly or redirect the feelings
(Pope and Vasquez, 2016). This shed light on past relationship of people and represent that how
effectively changes can be brought to the once's life. It is referred to be a time consuming theory
that consists of long conversation and needs the person to have a deep understanding in context
to another person. On considering the same, it is believed to be a very time consuming
framework. For this purpose, therapists ensure to utilize the time in a best possible manner and
do not cause any kind of harm to the person who are approaching to take their services. Being a
therapist, the respective person is required to ensure taking care of the related malpractices in

psychotherapy and provide best possible services of good quality in accordance to the actual
requirement of the patient (Linden, 2013). It should be done by avoiding any chances of such
wrongdoing activity that reflects the malpractices of psychotherapy. However, it is a prime
responsibility of the therapists to be protect any personal information of their clients to avoid
violating the rights of the patients providing the same.
Behavioural theory
Under this theory it is assumed that behaviour is learned and learning response is
considered to understand the situation of patient or client. Here, therapists try their best to
implement the negative and positive reinforcement so as to deal with any rigid kind of behaviour.
Owing to this, the best technique for behavior modification is applied in order to provide the
better or best quality of service to the patient. The basic work of therapists is to deal with the
destructive behaviour and the unwanted situation (Shaw, Akande and Wolff, 2015). This leads to
provide the right path and provide the solution for the person who is suffering from any kind of
behaviour disorder. In addition to this, power of reward and punishment are used to encourage
suitable behavior in individuals. At this juncture, therapists ensure that sexual abuse is not done
and common standards are followed for the successful completion of the treatment and bringing
necessary changes in the personality of the person (Moritz and et. al., (2015). Thus, it is
important for the therapists to consider both conscious and subconscious mind of the patients
approaching to undertake their services and accordingly support them with applicable
treatments. Owing to this, they should be provided appropriate kind of practices for a better
curative treatment of the patients (Five Counseling Theories and Approaches, 2017).
Cognitive theory

This is another framework of psychotherapy that reflects the way in which the thinking of
people can change both the behavior and feelings. They shed light on problem solving approach
to deal with the ongoing issue and accordingly bring forth the valid solution for different kind of
issues. It is proven to be an effective method for the derivation of valid outcomes that offers the
best suitable solution for the concerning issues that are troubling the client (Rheker and et. al.,
2017). Here, cognitive therapist remains more focused towards the present situation of client to
remove all the bad moments that the patients have gone through their past life. For this purpose,
socialization must be promoted by not taking any personal advantage by the therapists. However,
it is found that people referring to the cognitive theory might be suffering from eating,
personality and abuse disorders. They are also prone to anxiety which affect their overall
independent life to a great extent. Owing to this, therapists need to be more cautious while
recording their data and dealing with their issues. It would be effective to address their issues in a
prompt manner with some most considerable suggestions to provide best possible solutions
(Welfel, 2015).
Humanistic theory
Under this theory, therapists work as energy boosters by focusing on the present situation
only. In this regard, potential of the sufferer is assessed to the highest level. It helps in
understanding the psychology of the client and accordingly provide him or her the right kind of
treatment. This would contribute towards increasing his capability for helping patients to get into
a normal state of life and achieve the desired results in an effectual manner. In this manner,
therapists shed light on self-actualization and self-growth. It is made possible with the help of
helpful or healthy discussion among the client and therapists (Sperry, 2015). However, clients are

hereby given a centric position to remain in the middle of the discussion with the help of
existential therapies and gestalt. Here, client tends to take the control of their own fate so as to
ensure better control over their emotions. It is important to notice that therapists often tends to
focus upon the interest and care of the clients. Under this client understand the meaning the of
their live and focus on major aspects associated with the same. Though, self-determination and
responsibility and free will are considered under the same therapy. In this manner, humanistic
approach enables therapists to provide the right solution for their problems and provide the most
comfortable environment.
Holistic and Integrative theory
Holistic and integrative therapy deals with different practices under which therapists need
to take care of the issues troubling the client and accordingly propose most effective solution for
the same. Here, holistic therapy can be implemented in the form of non-traditional such as
guided imagery and hypnotherapy so as to bring out the best solution for the any kind of issue.
Under this therapists try their best to understand the root of the problem and propose alternative
measures in a similar manner (Barden, 2014). This theory is however applicable only to specific
clients who are suffering from any serious kind of issue. For example, mental disorder of the
person from the age of 15 can be identified through the analysis of past event. For this purpose,
hypnotherapy is applied. However, it is important to note that therapists must remain in
limitation while asking the questions regarding the personal life of client. The major focus is laid
on relationship between counselor and therapists and consequently develops a trustworthy
relationship. It is only the trust that serves as the basis for understanding the root cause of the
issue of problem through which a personal is being suffered.

Therefore, duty of care is the centered approach for the people involved under the
therapists. Here, psychotherapist must ensure that right of client is not violated either negligently
or intentionally. For this purpose, special care is required to be given to the patient till the time
his or her treatment gets over. In case intentional misconduct is done or negligent action is taken
by the therapist towards the client, then it would be considered as a breach of the clause “duty of
care” and he or she will be liable to pay for the damages caused to the innocent party (Alvandi,
Van Doorn and Symmons, 2017). Most of the cases consists of combination of negligent
misconduct under which patient is unable to understand the purpose of the therapist and fails to
configure where it was done intentionally or in a negligent way. However, court provides
extensive support to the patients who have dealt with any such kind of issues and provides them
legitimate support and advice to rightfully deal with the situation. Apart from this, some of the
cases reveal that negligent action of therapist hurts patient but these are not increased to the level
of abuse. At that time, such kind of action are considered as the malpractice.
The cases against therapists related to allegation of intentional or fraudulent misconduct
from sexual aspect can be further caused by breach of fiduciary duty and abuse of transference.
Along with that, fraud, sexual harassment and intentional infliction. At this juncture, a dual case
might be formed when any of the mentioned intentional cause occur. Here, the patients and
clients can rightfully ask for the claim made for negligence and sexual misconduct under which,
the therapist has to pay for the liable damages caused to the respective person or individual
(Vinay, Lakshmi and Math, 2016). However, several aspects are available for the plaintiff to
increase the chances of agreement with the therapist. Here, it is very important to gather the
evidence that patient was highly vulnerable and therapist took advantage of the same and his

abnormal situation. At the same time, expert must be hired to deal with the case who are
proficient in such cases related to therapist abuse. It will aid to prove the misconduct of therapist
where it will also ruin the life of the plaintiff and he or she may also loss millions of dollars as
penalty. This aids to provide the fair judgment and present the case in an effectual manner.
Discussion
According to the mentioned therapies, it has been found that psychotherapy is based on
trustworthy relationship among the client and therapists for accomplishing the undertaken goals
of treatment on time. However, it is crucial to shed light on Austrian Psychotherapy Act while
provisioning the services in the form of therapies to the client. For this purpose, impact of law
can be seen on common situations such as strict confidentiality, offering testimony and treatment
of the dangerous patients. It reflects that the Austrian regulations are quite strict for a successful
completion of the therapy. Also, in civil related cases, the Austrians do not have a prior right of
serving as experts. They are only allowed to abide by the framed regulations and follow the set
procedures for a successful completion of all their therapy related activities (Scholten and et. al.,
2016). This proves to be most effective in context of those who are taking services from
psychotherapists as they are provided more security. For this purpose, therapists become solely
responsible for any kind of malpractice and they just ensure the activities associated with
therapists are being completed in the right manner.
A case of malpractice can be taken into consideration under which a person named Ernst
Lanzer, lawyer by profession suffered through obsessional neurosis. He was afraid of several
concerning things like something bad is going to happen with him. He used to like a young lady
and often gets a similar feeling for her that something bad will happen with her as well. At this
juncture, his therapist provided him treatment but also sexually harassed him at the same time by

taking advantage of the mental state. For example, therapists forced him to involve in the
sexually activities otherwise his father will be dead. Owing to this, he allowed him to do so and
accordingly misconduct took place. This malpractice was highly unethical under which patient
was unaware of the situation that he was suffering. Such kind of situation affected his mental
situation in a very bad manner (Linden and Schermuly-Haupt, 2014). For this purpose, it is
crucial to propose right kind of treatment for client and take care of him during his abnormal
situation. This kind of transgression is considered as the illegal and where the relatives of the
client can take legal actions against the respective person.
Conclusion
The aforementioned essay concludes that appropriate practices must be implemented by
the therapists in order to treat the patient in a more effective manner. At this juncture, grave
transgression must be avoided and ethical aspect can be highlighted for the well being of both
parties. The relatives of patient or client must also ensure to comply with the duty of care so that
no any misconduct happen. Otherwise they will not be able to take the legal action against the
party at fault. However, person referring services must be aware of the regulatory framework and
legal considerations of providing the therapy. Any kind of misconduct leads to cause higher loss
of patient and they become unable to fight with typical situation. Owing to this, it is essential to
treat the typical situation in such a manner that client does not get hurt but can present the issue
in front of the person providing the services. This leads to well-being of both associated parties.
It can also be concluded that type of theory is based on the situation of person. Therefore, it
should be the decision of therapist and other people associated with the client. However, better to
take the informed choice or decision which aids to get the results in a more effective manner.
This is because when client will be informed regarding the strategies and actions which are being

applied for his or her own treatment then he would be interested in the same. In this manner,
right kind of therapy should be selected for the treatment of sufferer and he or she must be aware
of positive outcome. This leads immediate results and meet the expectations of all related
stakeholders in an effectual manner. Moreover, therapists should react in more responsible
manner so as to avoid the malpractices and determine the well being of associated clients.

References
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