Legal Question in Medical Malpractice in New York
Almost ten years ago when i was 12 years old, i went to the school for an I.Q. test. i had already been diagnosed by a Ph.d. who was also a M.D. as to having Asperger's syndrome and ADHD. The school psychologist tried to forcibly diagnosis me with borderline disorder after my test, claiming i couldn't have asperger's syndrome because i was too intelligent even though a above level intelligence is one of the indicators of Asperger's syndrome. She violated HIPPA by calling her friend who worked at the local hospital's mental ward and told her to expect me to arrive there and that i was borderline disorder. After that, she contacted my parents and told them that if they didn't place me at this mental ward she would have the school force them to put me in. My parents put me in the ward under her threats, even though i was already under the care of a psychiatrist. I was checked in by the nurse friend of the school psychologist who had already been contacted by the school psychologist and led to believe i was borderline rather than what i really was. After i finally got out after five days, the school still refused to accept my diagnosis as being Asperger's syndrome and ADHD and refused to pay for a reevaluation. With help from my advocate we did have another evaluation done, with a doctor of the school psychologist choice, and the doctor came back saying that i was asperger's syndrome and ADHD and if my grades continued to fall or i end up back in the metal institute because of the school not providing me with the help i needed, the doctor would hold the school personally responsible for whatever happened to me. I switched schools to get the help i needed, not wanting to stay at the school that put my parents and me through hell. We were too shocked at the time to press charges and over the years my mother has found that i wasn't the first or last child that school psychologist did that too. Me and other of her victims are now considering making a accusation against her, something i feel like i ought to do since learning that she's still working with children at the same exact school. I want to know what are our chances and just what can she be charged with? If nothing else, i'd like her license revoked so that she can not continue doing what she did to me.
1 Answer from Attorneys
You're 22? The problem is the statute of limitations, which "limits" your time to file suit. The time limit is three years, so your time to file ran out on your 21st birthday unless you were mentally or emotionally disabled. And trying to sanction the psychologist for something this old is not likely to go anywhere. You could try to run this as if this were like clergy abuse, but you'd need a specialist in that sort of case.
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