19.1 Introduction

• Jurisdiction: Arizona

19.1 Introduction. Mental health professionals are subject to malpractice liability for their errors and omissions the same as any other health care provider.¹ Arizona’s Medical Malpractice Act requires proof that the health care provider failed to exercise that degree of care, skill, and learning expected of a reasonable, prudent health care provider in the discipline or class to which he or she belongs within the state acting in the same or similar circumstance.² Additionally, the provider’s failure to follow the accepted standard of care must be the proximate cause of the injury.³

“Mental health professional” does not comprise a single discipline or class. Rather, each profession has developed separately with its own body of research literature, training standards, professional associations, and laws. Although each of the mental health professions is authorized to diagnose and treat mental, emotional, and behavioral disorders, the tools and standards of practice within each profession may differ considerably. The situation is similar to specialization among...