Is this a case of medical malpractice, HIPPA violation, slander and libel?
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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 11 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.
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