Counselor Education Comprehensive Exam (CECE) Practice Exam

Who is typically held responsible for malpractice if the standard of care is not met?

1. The client

2. The counselor

3. The court

4. The supervisor

The correct answer is: The counselor

In the context of malpractice, the primary responsibility falls on the counselor when there is a failure to meet the established standard of care. Malpractice occurs when a professional fails to perform their duties to the expected level of competence, which can lead to harm for the client. Counselors are held to a specific standard of care based on professional guidelines, ethical codes, and legal expectations. If a counselor provides inadequate service, either through negligence or failure to adhere to these standards, they can be held liable in a malpractice lawsuit. This responsibility underscores the importance of training, ethical practice, and ongoing professional development in the counseling field. The other roles mentioned, such as clients, courts, and supervisors, may have specific responsibilities in the overall process of counseling delivery and legal proceedings, but they do not bear the direct responsibility for malpractice when it comes to the standard of care not being met. Thus, the counselor, as the primary provider of care, is accountable for ensuring that their practice aligns with professional standards.