You were hired for night shifts and meal prep. The mom seemed tired—normal, right? Two weeks after your contract ended, she was hospitalized for severe postpartum psychosis, and harm occurred. Now the family is suing you, claiming you “failed to identify and report” the mental health crisis. They argue that as a “Postpartum Professional,” you had a duty to warn.
Key Takeaways
- The Duty to Warn: Courts are increasingly viewing postpartum workers as “mandated reporters” of sorts. If you claim to be an expert in postpartum care, you are expected to recognize the red flags.
- Scope vs. Negligence: The defense is “I am not a therapist.” The prosecution is “You marketed yourself as a postpartum expert.”
- Contract Language Saves You: Your contract must explicitly state you do not diagnose or treat mental health conditions.
- Documentation of “Referrals”: If you suggested she call her doctor, but didn’t write it down, it didn’t happen.
The “Why” (The Trap): The “Professional Services” Definition
The trap here is your marketing. If your website says “Expert in Perinatal Mood Disorders” or “Holistic Mental Health Support,” you have elevated your standard of care.
Insurance policies cover you for negligence in your professional duties. If you defined your duties broadly to include mental health support, and you missed the signs, you were negligent. However, if your policy excludes “Medical/Psychiatric Diagnostic Services,” the carrier might deny the claim, leaving you exposed.
[IMAGE: Screenshot of a ‘Scope of Services’ contract section explicitly excluding mental health diagnosis]
The Investigation: I Called Them
I investigated how carriers handle claims related to missed diagnoses for non-medical support workers.
CM&F Group
- My Analysis: They are very clear that Doulas are non-medical.
- The Protection: If you stay in your lane, they defend you well. They told me, “If a Doula attempts to treat PPD with herbs instead of referring to a doctor, we might have a coverage issue.”
Healthcare Providers Service Organization (HPSO)
- My Analysis: Common for counselors and social workers.
- The Warning: If you are a Postpartum Doula and a licensed therapist, do not mix these roles under one Doula policy. You need a Counselor policy. A Doula policy will not cover a “failure to diagnose” claim because a Doula isn’t supposed to diagnose.
Comparison Table
Protecting yourself from PPD-related liability.
| Carrier | Covers “Failure to Refer”? | Key Requirement |
| CM&F | Yes (as negligence) | Must not have attempted to “treat” |
| Hiscox | No | Excludes professional healthcare advice |
| NSO | Yes | Documentation of referral is key |
Step-by-Step Action Plan
- Audit Your Marketing: Remove “Mental Health Expert” from your bio unless you are a licensed therapist. Use “Emotional Support” instead.
- Create a Resource List: Have a pre-printed list of local therapists and hotlines. Give this to every client. If you are sued, this list is evidence that you provided resources.
- Document the “Mood”: In your shift notes, write objective observations (“Client crying, expressed hopelessness”) and your action (“Suggested calling Dr. Smith”). Do not write diagnoses (“Client has PPD”).
- Check “Failure to Report” Laws: Know if your state lists Doulas as mandatory reporters for child endangerment. If the mom’s PPD put the baby at risk and you didn’t call CPS, you could face criminal charges, which insurance won’t cover.
FAQ
Q: Can I suggest herbal supplements for PPD?
A: High risk. If they have a negative reaction or if it delays real medical treatment, you are liable for “prescribing” without a license.
Q: What if the family told me everything was fine?
A: Document that. “Client denied feelings of depression.” It protects you from the claim that you “should have known.”