Clergy Malpractice Essay

Seeking counseling, or any other kind of intervention by mental health services, is associated with a negative stigma in the African American community (Chatters et al., 2011; Dempsey, Butler, & Gaither, 2016; Der Pan et al., 2013). Instead of seeking “outside” help, the African American community may find it more sensible to seek help from within the family or the church community (Allen, Davey, & Davey, 2010). According to Dempsey, Butler, & Gaither (2016), this is due to historical mental health misdiagnoses of African Americans and cultural mistrust. Additionally, many African Americans may not have the same resources available to them that the broader community has (Dempsey, Butler, & Gaither, 2016). In order to respect the African American …show more content…
Clergy malpractice occurs when there has been a breach of duty by the clergy (e.g., trust, loyalty, confidentiality, guidance) that results in harm or loss to his or her congregant members (Burek, 2013). Most clergy malpractice claims are claims of abuse of authority or power, inappropriate conduct, breach of confidentiality and trust, or incompetence (Burek, 2013; Eliason, Lepore, & Holmes, 2013). Minimizing liability for church-related counseling services is critical considering the frequency and increased number of lawsuits being brought against clergy and churches (Allen, Davey, & Davey, 2010; Burek, 2013). Adopting and following a pastoral counseling policy emphasizing biblical advice as opposed to mental health counseling (Eliason, Lepore, & Holmes, 2013), referring counselees-congregants to appropriate mental health professional counselors when necessary (Dempsey, Butler, & Gaither, 2016), maintaining records of the counseling sessions, complying with state licensing laws applicable to professional counselors, and obtaining professional liability insurance that covers negligent acts are all practices clergy can apply to minimize liability (Allen, Davey, & Davey, 2010; Burek,