A client was becoming aggressive and refusing to pay. You followed ethical guidelines and terminated the relationship. The client, enraged, sued you for “Patient Abandonment” and “Infliction of Emotional Distress,” claiming they spiraled because you dumped them.
Key Takeaways
- Termination is Legal: You have the right to fire a client, but you must do it correctly.
- The “Bridge” Requirement: You generally must provide a “bridge” of care (e.g., 30 days of emergency access) and 3 valid referrals. Cutting them off cold turkey is Abandonment.
- Documentation is Key: Your notes must show why (non-payment, aggression, lack of progress). “Just because” is risky.
- Insurance Defends This: This is a standard malpractice claim. Your carrier will defend you, provided you have the documentation.
The “Why” (The Trap): The Definition of Abandonment
Abandonment occurs when a professional unilaterally ends the relationship without giving the client reasonable notice or opportunity to find alternative care, and the client suffers harm.
The trap is impulsivity. If you scream “Get out!” and block their number, you abandoned them. If you send a formal letter with referrals, you terminated them properly.
The Investigation: The Termination Protocol
I checked with the legal teams at CPH and The Trust.
1. The Trust (Psychologists)
- Guidance: They provide specific “Termination Letter” templates.
- Key Advice: Never terminate a client who is in immediate crisis (hospitalization level). Stabilize first, then transfer.
2. CPH & Associates
- My Analysis: They stress the “Referral List.” The referrals must be viable (taking new clients, accept their insurance). Giving dead links looks like negligence.
Comparison Table: Proper Termination
| Step | Required for Defense? | Best Practice |
| Written Notice | Yes | Registered Mail or Secure Email |
| Referrals (3 names) | Yes | Verify they are active |
| Emergency Bridge | Yes | Offer 1-2 closing sessions |
| Reason for Terms | No (Optional) | Keep it clinical (“Scope of Practice”) |
[IMAGE: Image of a sample ‘Termination of Services’ letter]
Step-by-Step Action Plan
- Draft the Letter: State the last date of service clearly.
- Provide Referrals: List 3 other providers or the number for the insurance plan’s referral line.
- Send Securely: Send via certified mail or a secure portal where you can see the “Read Receipt.”
- Consult First: Before firing a high-risk client, call your malpractice carrier’s “Risk Management” hotline. Get their blessing on the letter.
FAQ Section
Can I fire them for not paying?
Yes, but you usually cannot withhold records for non-payment.
What if they refuse the referrals?
Document it. “Client provided with referrals and refused.” You have done your duty.
Do I have to see them for the 30 days?
Usually just for emergencies. You don’t have to continue regular therapy if the trust is broken.