Legal Question in Civil Litigation in California
illegal use of benefits
You guys are great ! Here is the story, i sued my ex-girlfriend and WON! for the illegal use of my social sercurity # to obtain my benefits ( EAP employee asst.program metal health i.e. THERAPY )provided to me by my employer i prevailed in the case! here's the problem my ex admitted to the false info to the insurance provided,The insurance co refered her to a therapist, but she also admitted, to the judge that ''she told the therapist that she was not entitle to these benefits being that she lied to the insurance company about here relationship to me'' @ the frist meeting ( the required info is #1 live w/me #2 be my spouse #3 or my dependents living in the same home as i do, she doesnt meet ANY of these requirements)but the therapist ignored the confession and went ahead the threated her and billed MY insurance co for servises rendered ! I called this therapist and she didnt deny or confess due to patient/doctor previlage. i told her i would see her in court i filed and served her and did a subpoena dues tectum (on how she was paid for her servises when she threated my ex) and i subpoena my ex as to what she said to the judge! whats my chance of prevailing?
1 Answer from Attorneys
Re: illegal use of benefits
Your chances of winning depend largely on what you are suing for, but your question does not explain the basis of your suit against the therapist. It sounds like she was paid by the insurer rather than by you, so the insurer is probably the appropriate plaintiff. You can only win if you can show that this therapist's actions injured you, and based upon the information you have provided I don't see any injury. Is there something I am missing here?
Assuming that you do have a valid claim against the therapist, it seems to me that your ex has already waived the therapist-patient privilege as to communications she described in court. She could have refused to give such testimony by asserting the privilege, and the fact that she did not probably waived it (but only as to the portions she discussed in court and *not* as to other aspects which she has kept to herself). The privilege belongs to the patient and not to the therapist, so if the patient waives it the therapist can no longer use it to refuse to testify.
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