17 Trial Lawyer • Fall 2023 By Barb Long OTLA Guardian Sara sought therapy for the first time in her late 50s to address difficulties in her marriage and unresolved trauma from sexual abuse she suffered as a child. She chose Dr. Smith on the recommendation of an acquaintance who said the therapist was kind and shared Sara’s interest in Eastern religion. Somewhat trepidatious, Sara nonetheless entered therapy with optimism that she might finally find some relief. The professional relationship started out normally enough. Sara provided a history, stated what her goals for therapy were, and began to get into the details of what brought her there. Feeling a near instant rapport with Dr. Smith, Sara soon began divulging her innermost secrets and vulnerabilities to him, most of which she had never told anyone. Barb Long Within a month of beginning therapy, Sara experienced a flood of memories related to her sexual abuse as a child. During sessions she would sometimes curl up into a ball and take on the posture of a young girl, often forgetting what they were discussing and “check out.” Rather than identify and treat her dissociation and PTSD, Dr. Smith encouraged Sara to “bring out” what he called her “little girl,” convincing her that she was having a past life experience. He then delved into a form of past-life regression therapy where Sara, and sometimes Dr. Smith in tandem, entered a deeply meditative state to remember (or create) memories about the past. Not long after beginning this mode of “therapy,” Dr. Smith began a sexual relationship with Sara. He convinced her that the two of them had been lovers during the Civil War and had created a child together, and their survival in this life depended on them staying together. Shortly thereafter, the two divorced their spouses and moved in together. Although Dr. Smith eventually stopped meeting with Sara at his office and billing her for their sessions, he continued to occupy a position of trust and control over her stemming from the therapeutic relationship. The romantic relationship was tumultuous to the extreme. But whenever Sara began to have misgivings and thought about leaving, Dr. Smith told her she could not leave or their lives would end in tragedy. This caused Sara to engage in harmful coping mechanisms she had resorted to in the past such as not eating and cutting herself — behaviors Dr. Smith was well aware of. It was only when a doctor noticed the cut marks on her arm at a routine medical appointment that Sara broke down and disclosed she was in a relationship with her former therapist and felt unable to leave him. With the help of a highly skilled new therapist, Sara finally escaped Dr. Smith and started unraveling his manipulation and harm. Malpractice for miles My guess is you have identified numerous potential instances of malpractice in the above scenario. As with other types of professional malpractice, claims against therapists require the plaintiff to show 1) a duty that runs from the See Weaponizing Care p 18 weaponizing care THERAPIST MALPRACTICE
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