Legal Question in Legal Malpractice in California
Counselor Practicing Without a License
My 17 daughter was referred by the vice principal of her high school to an outside counselor to work through some deep emotional issues. After many reasurances from the school staff, myself, and the counselor (including signing a confidentiality contract) that anything relayed to the counselor would remain in confidence, my daughter started to open up and trust the counselor with the most intimate details of what had happened to her. So, it came as a shock when one of my daughter's peers came to her and said she had 'heard from the counselor that my daughter was a patient of hers.' Without realizing the implications of what she was saying, the person continued to relay to my daughter some of the details of what my daughter had shared with the counselor. Details that were never supposed to be shared with any other person. especially not peers that attend the same high school! This counselor has also shared private info. on other students. My daughter has been seriously affected by this. It also appears that this person may be practicing w/o a license. Is there any legal recourse to this situation?
3 Answers from Attorneys
Re: Counselor Practicing Without a License
Yes. Such conduct is breach of the counselor's duties, and violation of the daughter's privact. Contact local counsel.
Re: Counselor Practicing Without a License
I agree with my colleague, Mr. Nelson.
If the counselor is unlicensed, or licensed with some serious problems relating to confidentiality (invasion of privacy) in the past, you probably have a decent case for damages against the school board, as well as the counselor.
If this is the first report of behavior like this, it will be harder to get damages.
Don't forget that you will need witnesses to testify as to what they heard directly from the counselor. The hearsay rule prevents much of "gossip" being admitted at a trial.
You should also be able to easily find whether a license exists or not, by contacting the licensing agency in Sacramento.
Good luck!
Re: Counselor Practicing Without a License
You have an interesting, and unfortunate situation.
I have to be on trial all day today, and I will get back to you ASAP in late afternoon.
I'll also have to do some research as to the license, but you definitely have an action for malpractice (assuming people the counselor shared information with are willing to testify).
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