QUESTION

can I sue my LPC, Mental Health Licensed Professional Counselor, for engaging in a sexual relationship with me

Asked on Jan 01st, 2016 on Medical Malpractice - New Jersey
More details to this question:
I engaged in a sexual relationship with my mental health counselor who I was seeing for anxiety and depression. She told me I had to leave the program for her, she caused me to relapse with alcohol, and she basically ruined my life when she decided to just drop me while I was extremely vulnerable after promising me the world. I even went off of my medication for her, now I am not sure what to do. My life was going so well before entered the program where I saw her, and I couldn't really find another one which is why I ended up there in the first place. I am not sure how to handle this whole thing. I thought we were in love, but it seems I was just used by her and now I want to take legal action as I have read is my right, to sue them for mental health malpractice. How do I approach this?
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2 ANSWERS

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It is inappropriate for a therapist to engage in sexual relations with a patient and so the short answer is that you probably have a medical malpractice case. The question is whether it is financially viable. What often happens in these cases is that the insurance carrier denies coverage for the claim because the therapist engaged in intentional conduct and malpractice insurance usually only applies to negligent (but unintentional) acts. Sometimes you can overcome this problem by going after the practice of the therapist under the theory that the practice should have known that the therapist was engaging in these kinds of activities.  Whether you have a financially viable case or not, you should at the very least report the therapist to the appropriate licensing authority, but wait until after you have had a chance to speak with an attorney before you do that.  Below are some articles you may find helpful.                 Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. 
Answered on Jan 02nd, 2016 at 9:56 AM

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Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
It is inappropriate for a therapist to engage in sexual relations with a patient and so the short answer is that you probably have a medical malpractice case. The question is whether it is financially viable. What often happens in these cases is that the insurance carrier denies coverage for the claim because the therapist engaged in intentional conduct and malpractice insurance usually only applies to negligent (but unintentional) acts. Sometimes you can overcome this problem by going after the practice of the therapist under the theory that the practice should have known that the therapist was engaging in these kinds of activities.  Whether you have a financially viable case or not, you should at the very least report the therapist to the appropriate licensing authority, but wait until after you have had a chance to speak with an attorney before you do that.  Below are some articles you may find helpful.                 Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.   Click here, here  and here for more information about me.     Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. 
Answered on Jan 02nd, 2016 at 9:56 AM

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