Marriage and Family Therapist Malpractice in Georgia: Your Legal Rights

Reviewed by the attorneys at Wetherington Law Firm | Atlanta, GA | Last Updated: March 22, 2026

If you suspect that a licensed marriage and family therapist (LMFT)’s negligence has caused you harm, worsened your condition, or led to a misdiagnosis that delayed proper treatment, you may have a valid medical malpractice claim under Georgia law. Marriage and family therapists are licensed mental health professionals who diagnose and treat emotional and behavioral issues within the context of family systems and relationships. In Georgia, they are licensed by the Georgia Composite Board under O.C.G.A. Section 43-10A.

What Constitutes Marriage And Family Therapist Malpractice?

Like all healthcare providers in Georgia, marriage and family therapists owe a duty of care to their patients. When they fail to meet the accepted standard of care and that failure causes injury, they can be held liable for malpractice. Common forms of marriage and family therapist malpractice include:

• Failure to recognize domestic violence: Not identifying signs of intimate partner violence and taking appropriate protective action during couples therapy
• Boundary violations: Engaging in inappropriate dual relationships with clients
• Breach of confidentiality: Sharing session details with unauthorized parties
• Inappropriate treatment modality: Providing couples therapy when individual therapy is clinically indicated, worsening a patient’s condition
• Failure to refer: Not referring a patient to a psychiatrist when symptoms indicate a serious mental health disorder requiring medication
• Implanting false memories: Using techniques during therapy sessions that lead to family estrangement and emotional harm
• Inadequate record-keeping: Failing to properly maintain session records and treatment documentation

Georgia Medical Malpractice Law: Key Statutes

Medical malpractice claims in Georgia are governed by specific statutes that set requirements and limitations you must understand:

Statute of Limitations (O.C.G.A. Section 9-3-71): You generally have two years from the date of the negligent act to file a medical malpractice lawsuit in Georgia. However, there is an absolute statute of repose of five years, meaning no claim can be brought more than five years after the negligent act, regardless of when the injury was discovered.

Expert Affidavit Requirement (O.C.G.A. Section 9-11-9.1): Georgia requires that a medical malpractice complaint be accompanied by an expert affidavit from a qualified healthcare professional. This affidavit must state that there exists at least one negligent act or omission by the defendant and that the negligence was the proximate cause of the plaintiff’s injury. Filing without this affidavit will result in dismissal of the case.

Damage Caps: Georgia previously had a cap on non-economic damages in medical malpractice cases, but the Georgia Supreme Court struck down this cap as unconstitutional in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010). There is currently no cap on non-economic damages in Georgia medical malpractice cases.

Elements of a Marriage And Family Therapist Malpractice Claim

To prevail in a marriage and family therapist malpractice case in Georgia, you must prove four elements:

1. Duty: The marriage and family therapist owed you a duty of care by virtue of the provider-patient relationship
2. Breach: The marriage and family therapist violated the accepted standard of care for marriage and family therapists practicing in Georgia or in similar communities
3. Causation: The breach of the standard of care directly caused your injury (proximate cause)
4. Damages: You suffered actual harm, whether physical injury, additional medical expenses, lost wages, pain and suffering, or other losses

Compensation Available

If you can prove your marriage and family therapist malpractice claim, Georgia law provides for comprehensive compensation under O.C.G.A. Section 51-12-4:

• Special (economic) damages: Past and future medical expenses for corrective treatment, additional procedures, and rehabilitation. Lost wages and reduced earning capacity if the malpractice affected your ability to work.
• General (non-economic) damages: Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships and daily functioning.
• Punitive damages: In cases involving willful misconduct, fraud, or wanton disregard for patient safety, punitive damages may be available under O.C.G.A. Section 51-12-5.1.

Common Marriage And Family Therapist Malpractice Scenarios

Failure to identify domestic violence: When a marriage and family therapist fails to screen for or recognize signs of intimate partner violence during couples therapy, and continues joint sessions that place the victim at greater risk, the therapist may be liable for any resulting physical or emotional harm. Recognized clinical guidelines require therapists to assess for domestic violence and modify treatment accordingly.

Improper confidentiality breach: Marriage and family therapists often work with multiple family members, creating complex confidentiality obligations. If a therapist discloses one spouse’s individual disclosures to the other spouse without authorization, and this leads to harm such as retaliation, divorce complications, or emotional distress, the breach may constitute malpractice.

Failure to refer for psychiatric care: An LMFT who continues to provide therapy-only treatment to a patient exhibiting symptoms of severe bipolar disorder, schizophrenia, or other conditions requiring psychiatric medication, without referring to a psychiatrist, may be liable if the delay in proper treatment causes harm.

Why Insurance Companies Fight These Claims

Medical malpractice claims against marriage and family therapists are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The marriage and family therapist’s insurance company will hire defense attorneys and expert witnesses who will argue that the marriage and family therapist met the standard of care, that your injury was preexisting or caused by other factors, or that the marriage and family therapist’s actions did not actually cause your harm.

Do not try to handle a medical malpractice claim without experienced legal representation. These cases require expert medical testimony, detailed documentation, and a thorough understanding of Georgia’s procedural requirements. The insurance company has a team working to deny your claim. You need a team working just as hard to protect your rights.

Contact the Wetherington Law Firm

If you or a loved one were harmed by marriage and family therapist malpractice in Georgia, contact the Wetherington Law Firm today for a free, confidential consultation. Our experienced attorneys have the resources and knowledge to investigate your claim, retain qualified medical experts, and fight aggressively for the full compensation you deserve. We work exclusively on contingency, meaning you pay nothing unless we win your case.

Call now: (404) 888-4444 | (404) 793-1667 | Free consultation