NSW EMDR Treatment and Compensation and/or ability to lay charges

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Isaac Dekker

Member
10 December 2019
1
0
1
I have a general question about referring clients for a specific psychotherapeutic intervention. I am unsure if you can help but maybe you could point me in a direction. If a client, say a child, is referred for Eye Movement Desensitization Reprocessing (EMDR) to treat symptoms of a traumatic event, would this affect their ability to pursue legal action in the future due to the effect of the treatment altering the memory of the event? If so, is it possible that the referring source could be held liable by that child as an adult?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
I wrote a long and detailed answer, and then discarded it.

So, let's answer your real question...

"Yes, it's possible. That's why you have Professional Indemnity Insurance."

Ask your insurer if they'll cover it, or won't.
If they will, then get it written into your policy as an express term of cover.
Yes, this will probably cost you more money in premium.

Are you a registered Psychologist?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
would this affect their ability to pursue legal action in the future due to the effect of the treatment altering the memory of the event? If so, is it possible that the referring source could be held liable by that child as an adult?
So the scenario you're proposing is that an adult goes to the police to discuss an historical (lets say sexual assault for EG sake)... After an interview & perhaps preliminary questioning the police decide there is not sufficient evidence to pursue a charge?

The accuser then seeks to hold responsible a third party for a treatment as a child that may or may not have contributed to the police decision, presumably to sue them?... But to sue them for what exactly?