Professional Liability Insurance for Mental Health Counselors

As a mental health professional, you wouldn’t dream of putting one of your clients in harm's way. However, malpractice claims do happen — and they can cost a significant amount of money to defend against, even if you ultimately prevail. That’s when professional liability insurance for mental health counselors (also known as "medical malpractice insurance") could step in to provide you with the resources you need to protect your career and reputation.

Having professional liability insurance is like having an extra lock on the door or a spare tire in your trunk: it’s something you hope you never need to use, but you feel better knowing that you have it — just in case.

Berxi Professional Liability Insurance for Counselors: Key Features

Here are some noteworthy features of our professional liability insurance for counselors:

  • Occurrence and claims-made policy options
  • Legal defense outside the limits of liability
    • This means that money spent on your defense won’t be deducted from your insurance limits — so if you have a $1 million limit, you’ll still have $1 million to pay for any settlements or damages.
  • Consent to settle
    • This means that we won't settle a claim without your consent.
  • $0 deductibles
  • Flexible insurance limits based on your needs
  • Convenient payment plans for select policies
  • Customizable tail coverage options for customers with claims-made policies

And did we mention we are often 20% less than competitors because you buy directly from us?

Does Berxi Offer Professional Liability Insurance for My Entire Practice?

Wondering if you can insure the team of counselors, therapists, social workers, and psychologists in your practice? The answer is yes! Call us at 833.24.BERXI (833.242.3794) and we’ll be there to discuss your insurance needs.

What's Covered Under Berxi's Professional Liability Insurance for Counselors?

Medical Malpractice Coverage

As a counselor, medical malpractice coverage insures you against claims of negligence or of making a mistake that caused bodily harm to another. This includes providing you with a lawyer to defend yourself and the funds you can use to pay judgments or settlements.

AMOUNT COVERED:
Typical limits of liability range from $500,000 per claim/$1 million aggregate to $2 million per claim/$6 million aggregate

Defense Counsel

If a claim is filed against you, we’ll retain a lawyer for you from our network of defense attorneys specializing in medical malpractice. We’ll also pay for related defense costs (e.g., lawyer fees, court fees, expert witness costs).

Note that these defense costs are outside the limits of your insurance. This means that their services don’t cut into the settlement fees you may need to pay after a ruling.

AMOUNT COVERED:
Provided in addition to your policy’s limits of insurance

Consent to Settle

We work with your defense attorney to reach the best possible outcome for you. We won't settle a claim without your approval.

Worldwide Coverage

Your policy applies on a worldwide basis, as long as a claim is brought against you in the United States (which includes any U.S. territories or possessions).

Good Samaritan Coverage

If you provide professional care to someone who is not your patient in a first aid or emergency situation, and that person files a claim against you, your policy would still apply.

HIPAA Violation Defense

If a claim alleges that you violated privacy rules in connection with private health information, we provide you with access to counsel and will reimburse you for costs related to HIPAA proceedings — including relevant HIPAA fines.

AMOUNT COVERED:
$25,000 per policy period

Licensing Board Protection Defense

If the professional licensing authority is investigating matters related to your professional conduct, our policy provides you with legal defense.

AMOUNT COVERED:
$25,000 limit per policy period

Wage Loss/Deposition Expenses

If we ask you to attend litigation activities (e.g., a deposition), our policy will reimburse you for actual lost wages and any necessary expenses you incur (e.g., travel, meals).

AMOUNT COVERED:
Up to $1,000 per day

Reputation Coverage

If you face a threat to your professional reputation, we can provide you with a crisis management/public relations consultant to help clear your name.

AMOUNT COVERED:
$50,000 per claim

Additional A La Carte Coverage

Business/General Liability Coverage
The policy applies if someone files a claim against you alleging that your premises or operations caused them bodily injury or harm.

AMOUNT COVERED:
$1 million occurrence/$1 million aggregate

Medicare/Medicaid Reimbursement Endorsement
If you’re audited by either Medicare or Medicaid, we offer reimbursement for related accountant or attorney costs that result from the investigation or defense of the audit proceedings.

AMOUNT COVERED:
$30,000 for a covered audit and related expenses

Why Should I Choose Berxi for Counselor Professional Liability Insurance?

We’re working to create a simpler, faster, and better insurance experience for our customers. While we think we’re the right choice for counselors, we also know that this is a really important decision, so we want to make sure you have all the information you need. Here are a few things that set us apart from other insurance companies:

We can save you 20%

Berxi is a direct-to-customer insurer. This means we’re not just the people who sell you an insurance policy – we’re also the people who handle your claim. Working directly with us eliminates many fees that are typical in insurance transactions, and we pass the savings along to you. In fact, our customers save an average of 20%.

You get 24/7 online access

At Berxi, you can manage every aspect of your coverage through our easy-to-use online portal. Not only can you get a quick quote and purchase your policy in just a few clicks, but once you’ve purchased a policy, you can also access documents, update your account information, and manage your payment options online. And if you ever need to file a claim, you can do that online too.

We have world-class customer support

When you call our support line, you won’t have to navigate through an endless phone tree or argue with a robot: You’ll reach one of our in-house product specialists who will work hard to answer all your questions. And if a claim is ever filed against you, our team will help you to navigate the claims process, every step of the way.

Claims is what we do

Berxi’s medical malpractice policies are backed by Berkshire Hathaway Specialty Insurance Company, which has an A++ (Superior) financial strength rating. Our market-leading financial stability and claims service means we’ll have your back when you need us.

Frequently Asked Questions About Professional Liability Insurance for Counselors

1. Why do therapists need malpractice insurance?

As a counselor, you strive to provide guidance and support for your patients – their well-being is your top priority. But regardless of how dedicated and diligent you are, there is always a risk that you could face a malpractice claim from a patient or their family. Even if you’re ultimately not at fault, malpractice claims and lawsuits can be a huge financial drain for counselors – not to mention the potential damage to your reputation. That’s where mental health professional liability insurance (a.k.a. “malpractice insurance”) comes in.

The right insurance policy can provide you with legal representation to defend yourself against claims of malpractice, as well as financial support to pay for any damages. And some mental health professional liability insurance policies, such as those offered by Berxi, can even provide you with the resources to defend your reputation and your professional license. Malpractice insurance doesn’t just help protect your career and financial well-being. It also gives you the confidence of knowing you’ll be covered in the event of a claim, allowing you to focus on what matters: caring for your patients.

2. What is professional services liability coverage?

Professional liability insurance for mental health providers can give you the financial support to survive a malpractice lawsuit brought by a patient or their family. Professional liability insurance typically covers legal fees, court costs and wage loss, and settlement fees and other damages. Berxi’s professional liability insurance policies can also provide you with legal defense from state licensing board actions, helping you protect your professional license. Our policies can also provide you with HIPAA violation coverage, as well as reputation defense in response to threats against your professional reputation.

3. Why is liability insurance mandatory for mental health providers?

Many agencies require providers to have mental health professional liability coverage. For other mental health providers, insurance isn’t mandatory. But whether or not you’re required to obtain a policy, mental health professional liability coverage can be a lifesaver if you ever face a malpractice claim or lawsuit.

Berxi tailors its policies for each and every customer, giving you the right coverage for your needs. We offer both occurrence and claims-made policy options, and a wide range of coverage options – typical limits of liability on Berxi policies range from $500,000 per claim/$1 million aggregate to $2 million per claim/$6 million aggregate. That means you can find a policy that fits your budget.

Plus, defense costs and legal fees are always outside the limits of liability, meaning attorney fees and other legal fees won’t detract from the amount of money available to pay for settlements and other damages. And all of our policies include a consent to settle provision, so we won’t settle a claim without your explicit consent. With mental health professional liability coverage from Berxi, it’s easy to find the right policy for your needs.

4. What is the most common basis of malpractice against counselors?

There are many ethical issues in counseling examples, which means there are a number of different risks that could result in a malpractice claim. Some of the most common causes of malpractice lawsuits against mental health providers include: breach of trust or privacy, such as an improper relationship with a client or a HIPAA violation; misdiagnosing or failing to diagnose a patient; improper treatment; alleged harm resulting from improper documentation; and data breaches.

What Our Customers Are Saying

“Berxi was recommended to me by a friend at another company, and now it seems that everyone where I work has them too! The quoting process was easy… and the price is better than anywhere I've found.”


– Jeremy B.

“Completely stress-free setup and customized to my needs. So easy I didn’t even need to talk to anyone!”


– Che H.

“[My claims representative] was so compassionate. He listened and kept me informed on the status of the case. He really cared about what I was going through and reassured me that Berxi was on my side and that I didn’t need to worry.”


– Kim P.

Related Articles

Insurance for Therapists: An Informational Guide

In this guide, we’ll explain the benefits of professional liability insurance for therapists, what it covers, what impacts the cost, and how to choose the right professional liability insurance for your needs.

5 Examples of Ethical Issues in Counseling

In the practice of mental health therapy, there will be tough moments. As a therapist, you are held to high standards of privacy and ethics. This article outlines a list of 5 ethical issues and what to do if one is filed against you.

I'm Being Sued for Medical Malpractice — What Should I Do?

No one wants to mess up in their job, but some mistakes are more costly than others. Being prepared can help ease the stress in the event that the worst case scenario happens.