Is this a case of medical malpractice, HIPPA violation, slander and libel?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is this a case of medical malpractice, HIPPA violation, slander and libel?

A psychologist that was assigned to make a recommendation to the Court regarding custody told my employer that I should lose custody of my child. He further detailed that I was a potential danger to my child, mentally unstable, etc. In court, I prevailed which shocked the opposing side. The Court’s written decision is specifically and highly complimentary of me. However, I was demoralized by the slander to my employer. Moreover, my HIPPA rights were grossly violated. In addition, this psychologist was abusive to me in private interviews and phone calls. What recourse do I have?

Asked on August 25, 2012 under Malpractice Law, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I suggest that you contact the psychology licensing board in your state and file a complaint against this psychologist for communicating with your employer and treating you badly.  Under most circumstances, he or she should not be communicating with your employer. 

You might have a technical claim for invasion of privacy or violation of HIPAA regulations.  However, money damages would be very difficult to prove and the cost of bringing a lawsuit would be high.  It probably would not benefit you to sue the psychologist, and most attorneys will not take on such a case.

In most of these situations involving court-ordered evaluations, you cannot sue the psychololgist for reaching "the wrong" opinion.  Court-ordered experts usually have at least qualified immunity and cannot be sued unless they made false claims against you, knew the claims were false, and did it to harm you. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption