National Counselor Exam (NCE)

Under what circumstances can a malpractice claim be filed against a counselor?

1. The counselor was negligent

2. The client suffered physical or psychological injury

3. A professional relationship was established

4. All of the above

The correct answer is: All of the above

A malpractice claim against a counselor can be filed under a range of circumstances that include several critical elements reflective of professional standards and the expectations of care in counseling. When negligence is present, it indicates that the counselor failed to provide the standard of care that a reasonably competent counselor would have delivered in similar circumstances. This might involve actions such as breaching confidentiality, failing to assess a client adequately, or not adhering to established client-care practices. Additionally, for a claim to be valid, the client must demonstrate that they suffered some form of injury due to the counselor’s negligence. This injury can be physical or psychological and is pivotal in establishing a link between the counselor's actions and the client's harm. Lastly, the establishment of a professional relationship is a foundational requirement for any malpractice claim. This relationship creates a duty of care that the counselor owes to the client. Without this established relationship, a counselor typically cannot be held liable for malpractice. Given these points, the correct answer encompasses all three elements: negligence on the part of the counselor, resulting injury to the client, and the existence of a professional relationship. This holistic view of malpractice claims explains why the comprehensive answer is appropriate.