Legal Question in Medical Malpractice in Pennsylvania

Re: General Civil Litigation

It may be that your situation is obviously too complex to give any meaningful advice in the online format. You really need to consult an attorney, in a confidential setting, who can review all the facts.

Some problems which are immediately apparent are:

You didn't say whether your wife actually did have an affair. If she didn't, your complaint only is that the doc gave bad advice and failed to "cure" her. She has to decide whether to seek another therapist.

If you made a tape recording of a phone call or personal conversation without the knowldge and consent of everyone who participated, you probably violated Pennsylvania's strict wiretapping statute. That means the tape is not admissible in any court hearing, and that you committed a crime.

There's no such thing as a cause of action for alienation of affection. The legislature abolished those claims many years ago.

While it may seem obvious that the psychiatrist's advice was malpractice, your question is about the doctor's liability to a third party, not his patient. This is a controversial and difficult area of law.

Your narrow question is whether you have to wait before you can sue. That's hard to say because the elements of your claim are not well defined.

Generally, the statute of limitations means you should not wait, but it's more important to consider all the ramifications of what you do next, and what's the best way to help your wife and yourself, to improve your lives together and salvage your marriage. Litigation is very rarely the answer to that question; it's only a way of picking up the pieces after the damage has been done.

So, you need to consult a good attorney, and be prepared to pay for the consultation. Free advice is worthless in a situation as difficult as yours.