Professional Counselor 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 professional counselor (LPC)’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. Licensed professional counselors provide mental health counseling, psychotherapy, and assessment services. In Georgia, they are licensed by the Georgia Composite Board under O.C.G.A. Section 43-10A.

What Constitutes Professional Counselor Malpractice?

Like all healthcare providers in Georgia, professional counselors 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 professional counselor malpractice include:

• Failure to manage suicide risk: Not recognizing or appropriately responding to a patient’s suicidal ideation or self-harm behavior
• Sexual exploitation: Engaging in sexual or romantic relationships with current or former clients
• Breach of confidentiality: Disclosing patient information beyond the legally mandated exceptions
• Harmful therapeutic techniques: Using unproven or harmful methods that cause psychological damage
• Failure to obtain informed consent: Not properly explaining treatment approaches and their risks
• Failure to refer: Not referring a patient for psychiatric evaluation when medication management is needed
• Negligent diagnosis: Misdiagnosing a condition leading to inappropriate treatment and worsened mental health

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 Professional Counselor Malpractice Claim

To prevail in a professional counselor malpractice case in Georgia, you must prove four elements:

1. Duty: The professional counselor owed you a duty of care by virtue of the provider-patient relationship
2. Breach: The professional counselor violated the accepted standard of care for professional counselors 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 professional counselor 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 Professional Counselor Malpractice Scenarios

Failure to prevent patient suicide: When a licensed professional counselor fails to properly assess suicide risk, does not implement a safety plan, and does not take appropriate action such as hospitalization for an acutely suicidal patient, and the patient subsequently dies by suicide, the counselor may face malpractice liability. Georgia courts recognize that mental health professionals have a duty to assess and manage suicide risk.

Sexual exploitation of a client: Sexual relationships between a counselor and a current client constitute a per se breach of the standard of care and violate Georgia licensing regulations. Even relationships with former clients may be considered unethical and actionable. Victims of counselor sexual exploitation can pursue both malpractice claims and complaints to the licensing board.

Use of harmful therapeutic techniques: If a counselor uses unproven or discredited therapeutic techniques, such as certain forms of conversion therapy, recovered memory therapy, or rebirthing therapy, and the patient suffers psychological harm, the counselor may be liable. The standard of care requires counselors to use evidence-based treatment approaches.

Why Insurance Companies Fight These Claims

Medical malpractice claims against professional counselors are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The professional counselor’s insurance company will hire defense attorneys and expert witnesses who will argue that the professional counselor met the standard of care, that your injury was preexisting or caused by other factors, or that the professional counselor’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 professional counselor 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