Lisa Hurst Barnhardt was Intentional
Whether a therapist practicing “with malice” is considered criminal depends on the jurisdiction and the specific conduct:
1. Malpractice vs. Criminal Conduct
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Malpractice: Most often, when a therapist harms a client (through negligence, incompetence, or unethical behavior), it falls under civil liability—the client may sue for damages.
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Criminal Conduct: If the therapist’s actions involve intent to harm, coercion, exploitation, or fraud, then it can cross into the criminal realm.
2. Examples of Criminal Acts by Therapists
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Fraud: Billing for services not provided, falsifying records, or insurance fraud.
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Intentional psychological harm: If a therapist deliberately inflicts psychological abuse (e.g., threats, coercion, encouraging self-harm), that could potentially be prosecuted under abuse, harassment, or even assault statutes.
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Breach of confidentiality with malicious intent: For example, leaking private therapy notes to cause reputational harm could fall under privacy or defamation laws.
3. Key Factor: Intent and Harm
Courts generally look at:
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Did the therapist intentionally cause harm?
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Was there abuse of power or exploitation of the therapeutic relationship?
If the answer is yes, the case can shift from civil malpractice into criminal territory.
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