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Oakland Therapist Malpractice Attorney | Transference & Counter-Transference

Transference is the process by which a psychotherapy patient transfers feelings and perceptions for people in his or her past (e.g., parents, close friends and significant others) onto the psychotherapist. The process is unconscious and results in a situation in which the patient relates to the therapist in a way that is similar to how the patient related to others in these close relationships in the past.

It is a process that is used to help the patient, but it also puts the therapist in a position of great power and control over the patient. It can easily lead down a path of dependency, abuse and long-term injuries if the therapist is not careful.

Winer, Burritt, Scott & Jacobs, LLP, is a law firm with extensive experience in cases involving therapist abuse. In a free consultation, an attorney can review your situation and explain how we can help you. Call (866) 506-1632 today.

What Is Transference, And How Is It Used In Psychotherapy?

The patient reveals deeply hidden secrets to the therapist in this process because such a high level of trust has been established. As a result, the power differential between patient and therapist is stark, and the patient is placed in a very vulnerable state.

Boundaries are often weakened and easily broken. Abuse of transference may involve improper prescription of drugs, a sexual relationship, psychological abuse, sexual abuse or other physical abuse.

What Is Counter-Transference In Therapist Abuse Case?

Therapists may bring their own issues with parents or significant others into therapy sessions. Doing so while sharing perceptions and feelings related to their personal issues is usually a breach of the duty of care under California law.

Therapists are trained to recognize this phenomenon, referred to as counter-transference, in which they transfer their perceptions and feelings onto the patient. However, just like transference, counter-transference is an unconscious process. It may be difficult for the therapist to recognize when counter-transference occurs initially, but that is no excuse for violating professional therapist-patient boundaries.

Under no circumstances should a therapist act on counter-transference issues or violate professional boundaries verbally, physically or sexually. Therapists have a responsibility for patients’ emotional and psychological care and advancement.

When a therapist takes advantage of the transference or counter-transference phenomenon by engaging in an unprofessional relationship in therapy sessions or outside therapy, it is known as “abuse of transference” or “professional incest.”

A business, personal or sexual relationship or otherwise exploitative situation may result from the abuse of transference. In any case, our San Francisco transference abuse lawyers can work to prove the intense effects of transference and the injuries you have suffered under the will of an abuser. We work to show that the relationship could not have been consensual under such extreme circumstances.

Experienced Oakland Therapist Malpractice Lawyers Prepared To Help You

Contact us at (866) 506-1632 to schedule a free initial consultation with a lawyer in San Francisco, Oakland or the Los Angeles area. We represent clients throughout California.

We’re Here to Help

JOHN D. WINER JOHN D. WINER Trial Lawyer Emeritus, Partner

John is a renowned California litigator with over 40 years of experience, specializing in wrongful death, personal injury, employment litigation, and sexual abuse cases. He’s secured over $200M in verdicts, including a $7.1M award. A frequent lecturer, he’s recognized by Super Lawyers, Martindale-Hubbell’s AV Rating, and as a 2019 AIOPIA Top 10 Personal Injury Attorney.

ERIKA J. SCOTT ERIKA J. SCOTT Owner, Managing Partner

Erika specializes in workplace harassment, discrimination, retaliation, wrongful termination, sexual assault, and civil rights cases. Since rejoining in 2018, she has achieved a 99% success rate in hundreds of cases, excelling in trial and mediation. Her work includes a $13.5 million settlement for Berkeley High survivors. She is a respected advocate, featured in Bloomberg Law and NBC Bay Area.

KELLI D. BURRITT KELLI D. BURRITT Partner

Kelli excels in personal injury and employment law. She’s secured multi-million-dollar verdicts, including $1.35 million for medical malpractice. Leading the Los Angeles office, she advocates for victims of negligence and harassment. A Pepperdine Law graduate, Burritt is active in CAOC and CELA. Her lectures and client praise highlight her expertise and dedication, delivering justice with a client-focused approach.

ELANA R. JACOBS ELANA R. JACOBS Partner

Elana focuses on employment discrimination, harassment, retaliation, wrongful termination, sexual assault, and civil rights cases. Passionate about representing marginalized groups, especially women facing sexual harassment, she speaks Spanish to enhance client accessibility. Jacobs led a $13.5 million settlement for Berkeley High School survivors.

Significant Recoveries

$6,800,000 Four Young Boys Were Sexually Molested By A Male Teacher At Their Elementary School
$3,850,000 Female Plaintiff in Her Mid 20’s Sues Medical Supply Company for Sexual Harassment and Retaliation
$3,400,000 Two Female Employees to Settle Verbal Harassment and Intimidation Case Against National Cosmetics Company
$2,490,000 Three Women Sexually Harassed by Supervisors at Large Rental Company
$2,000,000 Two Filipino and Two Hispanic Employees Were Discriminated Against Based on Race
$1,423,000 Female Patient Wins in Sexual Abuse Case Against her Psychotherapist
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