Do I have any legal standing against a therapist who expressed her personal opinion that ended up harming my marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.