Do I have any legal standing against a therapist who expressed her personal opinion that ended up harming my marriage?

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Do I have any legal standing against a therapist who expressed her personal opinion that ended up harming my marriage?

My husband and I went to one session with a therapist who afterwards I felt was unprofessional due to her inability to be objective. My husband talked to her on the phone the next morning where before speaking to me, she gave her opinion that he shouldn’t come home. She admitted that she should’ve talked to me first before giving any such advice and now my husband and I are not talking because of that simple statement from her. He said he’s not coming home specifically because that’s what she said, not because he feels unsafe.

Asked on November 23, 2011 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible that this constituted malpractice, if  in the giving of this opinion, the therapist violated the current, commonly accepted standards for how such counseling should be done, what advice should be given to patients or what diagnosis made, etc. It would be worthwhile for you to consult with a malpractice attorney--many provide a free initial consultation, specifically to evaluate cases and see whether it's worth proceeding--to understand whether, in light of all the specific facts of your situation, whether you have a malpractice case, how strong it is, what it might be worth, and also what it would cost to puruse it.


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