Legal Question in Medical Malpractice in Virginia

Malpractice

Are there grounds for malpractice proceedings in a case involving a licensed professional counselor that testifies againt a former client? The therapist initially was seeing the individual under a aftercare recovery contract through a health professions intervention program. The individual was diagnosed during treatment with ADHD and eventually discharged from the contract due to symptoms associated with the ADHD. The therapist began seeing the individual on a private basis, but discharged the individual again due to the same symptoms. The discharge was sent out on the day the therapist received the subpeona to testify for the attorney prosecuting the board hearing. No referral or recommendations were given for continued care. The therapist never attempted to resist the subpeona in any way. The therapist revealed confidential information during the hearing not ask for but to support a point she was making. The therapist's testimony was that she beleived the individual was not safe to practice medicine even though the individual may be compliant from refraining from substance use. The fact that the individual could not be monitored in the past before medical treatment for the ADHD made the individual unsafe.


Asked on 9/15/08, 11:20 am

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

Re: Malpractice

It depends. Under Va. law a treating health care provider cannot give patient information except under limited circumstances. The details of your case will define whether those circumstances existed and were breached. Feel free to contact me with more details and we can discuss the merits of your case

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Answered on 9/15/08, 11:40 am


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