Legal Question in Medical Malpractice in California
ethics violation by marriage and family therapist
I received treatment from a CA marriag and family therapist. There were a great many problems with the treatment including breech of confidentiality,inadequate treatment, dual relationsip issues, severe mental distress, etc. I filed a complaint with the Califoria Assn of marriage and Family Therapists. After an investigation, they informed me on 2-23-02 that they found that he did violate ethical standards, and are in the process of reaching a settlement with him. Can I file a claim with his insurance carrier? How? Also, the treatment was from 1992-1994, but I didn't know his acts were wrong until 2000, and the board just reached their finding. Is it true that I have 3 years from learning of the problem/guidelines? Please help!
1 Answer from Attorneys
Re: ethics violation by marriage and family therapist
Your case seems to have complicated issues dealing with Statute of Limitations that needs research. Usually in this types of cases, the lawsuit must be filed within one year from the date of the alleged malpractice or the date which you had or should have had the notice thereof. I suggest you to hire an attorney as it will be very difficult if not impossible for you to prosecute this case.
You still can file a claim with the insurance, but it is likely that they will interview you and get whatever evidence they need from you (while you're unrepresented and unprotected) and eventually deny your claim beacause of Statute of Limitations problem. Call your lawyer or call me for a free consultation at (323)782-0099. Good luck.