It’s 3 AM. Your client calls your office line and leaves a voicemail threatening self-harm. You are asleep and don’t check it until 9 AM. By then, the client is in the ICU. The family sues, claiming you “abandoned” the patient during a known crisis.
Key Takeaways
- Duty of Care Hours: You are not required to be on call 24/7 unless you promised it.
- The Voicemail Defense: Your voicemail greeting is a legal document. It must instruct the caller to call 911/988. If it just says “Leave a message,” you might be liable for the delay.
- Safety Plans: Did you have a documented Safety Plan on file? If yes, and the client didn’t follow it, your liability is reduced.
- Coverage for Crisis: Malpractice insurance covers this if you followed standard procedures.
The “Why” (The Trap): Abandonment
Abandonment is the abrupt termination or unavailability of services without notice.
The trap is implied availability. If you usually answer late-night texts, you have established a pattern. When you suddenly don’t answer one, the client relies on that pattern, and you are liable. You must have rigid, clear boundaries.
The Investigation: The After-Hours Protocol
I checked with risk management experts at The Trust.
1. The Trust (Risk Management)
- Advice: They strongly advise against giving personal cell numbers.
- Protocol: They recommend an answering service or a very strict voicemail script.
2. CPH & Associates
- My Analysis: They defend “Failure to Prevent Suicide” claims, but the first thing they ask for is your intake paperwork regarding emergencies.
3. Answering Services
- My Analysis: In 2026, AI answering services can detect “crisis keywords” (suicide, kill, hurt) and patch the call to 988 automatically. This is a huge liability reducer.
Comparison Table: After-Hours Strategy
| Strategy | Cost | Liability Risk |
| Personal Cell (On Call) | $0 | High (If you miss a call) |
| Basic Voicemail | $0 | Medium (Must have 911 script) |
| AI Crisis Routing | $30/mo | Low (Best practice) |
Step-by-Step Action Plan
- Update Voicemail Now: “I am away from the phone. If this is a medical or psychiatric emergency, hang up and call 911 or go to the nearest ER.”
- Document the Safety Plan: Every client with any risk history needs a signed plan listing their support network.
- Consistency: Never answer a casual call at 10 PM. It sets a dangerous precedent.
- Coverage Check: Ensure your Professional Liability covers “Telehealth” and “Crisis Intervention.”
FAQ Section
Am I responsible if I’m on vacation?
You must have a covering therapist. Leaving without a backup contact for current clients is abandonment.
Can I charge for emergency calls?
Yes. List the pro-rated fee in your contract.
Does Good Samaritan law protect me?
No. This is your client. You have a duty of care. Good Samaritan is for strangers.