Legal Question in Business Law in California
I received marital counseling from someone unlicensed but completing their degree to attain their license. Then, the information discussed was leaked to my employer and I am now facing allegations. Can I sue?
3 Answers from Attorneys
There might be a potential claim for invasion of privacy or malpractice against the marital counselor. Do you know who leaked the information? What allegations are you now facing? I don't see why your employer would have any legitimate interest in your marital counseling.
Sounds like a lawsuit for invasion of privacy, malpractice, but you face the test of whether it is practical to do so. If the case has MERIT [reasonable likelihood of winning], VALUE [substantial recoverable damages], and COLLECTABILITY [defendant[s] with assets or insurance coverage], all of which are necessary for a successful claim and case. If serious about pursuing this, feel free to contact me to discuss the facts and issues mentioned.
Sure, you can sue. However, the real question here is probably what are your chances of winning the suit. I think your money damages, if successful, might be limited, and the suit might be vigorously contested. Here are a few points to discuss with an attorney or two in your area which might assist in deciding whether a suit is worth while:
First, the fact that the marriage counselor was not yet licensed, but only a student, would go a long way in rendering his or her conduct unlawfully improper and getting a verdict in your favor. However, a student is far less likely to have professional malpractice insurance or other financial resources to pay any award of damages you might win.
Next, there are certain things that a counselor, psychologist, psychiatrist, etc. is duty-bound to reveal, such as the patient's or client's threat to do someone bodily harm. I assume this is not involved here, but I do want to point out that there are legal limits to the concept of physician-patient (etc.) confidentiality.
Finally, you will have some duties to establish the facts in a way that implicates the defendant in improper conduct, including the defendant's responsibility for the leak.
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