Legal liability for occupational therapists.

Abstract

In recent years technological advances, increased social awareness, and changing moral values have brought to light may legal questions in the health field. There can be little doubt that members of our profession, as well as the public, are now very aware of the possibility of malpractice. There are critical questions and issues for the occupational therapist: How can the therapist decrease the likelihood of being charged with malpractice? What standard of practice does the law apply? How may she anticipate her conduct to be judged legally? What outcome can she expect? In fact, to date there have been no malpractice claims against occupational therapists in Canada but the Canadian Association of Occupational therapists has arranged for malpractice coverage. Nevertheless, the therapist is responsible for administering the reasonable skill and care that are recognized as appropriate by at least a significant minority of the profession. As in all aspects of the health field, prevention is to be preferred.