Can I sue a psychologist?

This is a discussion on Can I sue a psychologist? within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; I was involved with a Child Protective Services, during which time, I underwent a parent capacity evaluation, in 4 hours, ...

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Old Jan 3rd, 2013, 12:19 AM   #1
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Default Can I sue a psychologist?

I was involved with a Child Protective Services, during which time, I underwent a parent capacity evaluation, in 4 hours, this lady came to the conclusion that I was lying about past abuse, despite the evidence I provided, and that I belonged in a mental hospital, and had multiple personality disorder, and concluded in big bold letters, "CHILDREN ARE NOT SAFE WITH HIM" I had my parental rights terminated because of this, later however, a close friend of mine, who is a psychologist, had told me that he does not believe in her diagnosis and a second parent capacity evaluation was done, and that concluded that I am a fit parent, can I sue this evil corrupt woman for destroying my relationship with my daughter?
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Old Jan 3rd, 2013, 12:36 AM   #2
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Default Re: Can I sue a psychologist?

I wish to inform you that you can file a suit for medical malpractice against psychologist. In this regard you as wrong conclusion was done by psychologist thus you can file a case for mental suffering and pain. You can first give a notice highlighting incorrect conclusions by psychologist and demand compensation. If that compensation is refused then a lawsuit can be filed.

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Old Jan 3rd, 2013, 01:04 AM   #3
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Default Re: Can I sue a psychologist?

I was told by a few lawyers, many of which I do not think they know what they were talking about saying that she has immunity because she was doing a report for the county, is that the case?
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Old Jan 3rd, 2013, 02:35 AM   #4
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Default Re: Can I sue a psychologist?

Yes, you can sue your Psychologist. A Psychologist can be sued for negligence when they fail to follow the accepted standards of care in their fields. An injured plaintiff is entitled to recover money damages to compensate him or her for all of the harm caused by the defendant`s negligence. The court will look to the child's best interest and consider all the circumstances to decide custody.
Consult an attorney if you intend to proceed with a lawsuit.
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Old Jan 3rd, 2013, 11:35 AM   #5
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Default Re: Can I sue a psychologist?

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I was involved with a Child Protective Services, during which time, I underwent a parent capacity evaluation, in 4 hours, this lady came to the conclusion that I was lying about past abuse, despite the evidence I provided, and that I belonged in a mental hospital, and had multiple personality disorder, and concluded in big bold letters, "CHILDREN ARE NOT SAFE WITH HIM" I had my parental rights terminated because of this, later however, a close friend of mine, who is a psychologist, had told me that he does not believe in her diagnosis and a second parent capacity evaluation was done, and that concluded that I am a fit parent, can I sue this evil corrupt woman for destroying my relationship with my daughter?
If the evaluation was court ordered, the pyschologist has absolute immunity so suing will produce no results other than wasted time and money.

If the evaluation was not ordered by the court you may have a chance. I would speak with an attorney who does medical malpractice for that lawyer will know the law in your state on privilege for psychological reports and evaluations as it applies to your case.
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Old Jan 3rd, 2013, 12:03 PM   #6
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Default Re: Can I sue a psychologist?

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I was told by a few lawyers, many of which I do not think they know what they were talking about saying that she has immunity because she was doing a report for the county, is that the case?
Yes. That is the case.
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Old Sep 12th, 2013, 07:42 PM   #7
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Lightbulb Re: Can I sue a psychologist?

I was reading your post because my husband and I are trying to do a similar thing regarding my husband's daughter. The mother employed and paid a therapist to recommend taking custody away, though she never even met us, and falsified medical documents to that effect, etc. I just wanted to tell you I am so sorry for your pain.

I have a group "Equal Rights for Fathers" and a current petition going on right now for our child: http://www.change.org/petitions/hon-...-to-her-father

Would you be interested in signing it? Spread the word - EQUAL RIGHTS FOR FATHERS!!!
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Old Sep 14th, 2013, 01:41 PM   #8
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Default Re: Can I sue a psychologist?

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I was told by a few lawyers, many of which I do not think they know what they were talking about saying that she has immunity because she was doing a report for the county, is that the case?
Yes. Psychologists and psychiatrists have immunity when they are hired at the direction of the court or governmental agency like CPS. Although not prepared at the time for hearing or trial, it is to be expected than the report can be.

When there is a biased or incompetent report, the resort is to have the examination done by another expert in the field. And/or report the professional's conduct to the medical board.
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