“Caveat Emptor” part2 “to prove your case is difficult”

Imagine that your mental health professional got up out of his/her chair, came over to you and slapped you across the top of the head, but not hard enough to leave a bump or bruise. You have no proof as to what happened behind closed doors! You can go to the police and file physical abuse charges, but the therapist can completely deny doing this, perhaps claiming you were “making it up” as you weren’t happy with something he/she said, and that you’re “exacting revenge” by claiming this. You are the Mental Health Client…the Practitioner a professional, you have no proof, and the MHP walks away!
Hopefully you don’t go back…but if you grew up with childhood abuse issues you probably will…thinking if only you “behave” and say what the therapist wants to hear, he/she won’t hit you again, just as it was “at home” many years ago…the same goes for emotional abuse!

Proving your case in a Licensing Board complaint about a Mental Health Professional is very difficult.
Most of what you claim is “hearsay” evidence. If you claim it, and the MHP denies it, there is nothing to “prove” your case . Even if you wrote notes during the sessions, and they were 100% accurate, your notes have no bearing on the case as you are the client and not the “expert”. They will say the information/evidence you present is “distorted”. The MHP is considered to know what he/she is doing, and to have absolutely clear sight, and you are assumed to be “unknowledgeable”.
Yes, you can prove certain things like billing issues and insurance fraud, but if the insurance company doesn’t prosecute, you have no recourse. Everything else is hearsay!
The only way to prove your case would be through media based recordings, and what “trusting relationship” uses recording devices from the onset?

Even sex with a MHP is difficult to prove with no physical evidence, if strongly denied by the MHP, and you are the only one making a complaint.

I was told by the licensing folks in my state that since I was the only one that has a filed a complaint about this particular MHP, that insurance fraud did not occur as there was no pattern in the MHP’s history, and I couldn’t provide proof that he “intended” to commit fraud..
Yet, if 5 or 6 other clients filed a similar complaint, then it would be considered fraud…huh?

Most people do not file complaints for several reasons…
1. they feel they are the one to blame for the abuse/exploitation
2. they don’t know a process exists
3. they know the process that exists, but it is intentionally designed to protect the mental health professional
4. they don’t want to hurt the MHP (see #1)
5. they feel it’s too much work to go through (this is debatable!)
6. they are manipulated (“gaslighted”) by the MPH into not filing a complaint

there may be others but those are the ones that come to mind.

If a surgeon botches a surgery, the results are obvious (yet are still often denied), if a Mental health professional botches a case…the wounds are invisible…and since it’s considered “science”…what is not seen, heard, smelled, tasted, or physically able to be felt (by others)…doesn’t exist.

Filing my case was “worth it” and would not hesitate to file another if it became necessary. Even if the MHP is not “found guilty” they still endure a significant level of stress and hopefully will think at least twice about exploiting another client in the future.
The complaint will also remain on the MHP’s record as long as the person remains a licensed professional in the State they practice in.


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