Legal Question in Personal Injury in Wisconsin
Family counselor breached contract
I spoke with the counselor before hand and I made it painfully clear that I wanted no record - other than his notes- that we were there for ''substance abuse problems''. The counselor told me that our insurance probably wouldn't cover ''marriage counseling'' but they would probably cover ''substance counseling''. I said that it did not matter I did not want substance abuse couseling to ''haunt'' my husband in the future. At our first counseling session the counselor brought up checking into our insurance and the coverage of ''marriage counseling'' I said I would check into it and let him know the next day. I found out our insurance did not cover marriage counseling and I informed the counselor and his office of this - said we would pay out of pocket. It was submitted to insurance for subtance abuse and it shouldn't have been submitted at all. I explained repeatedly that I did not want this claim sent in and to have a claim sent in for substance abuse -- I wanted to cry. Do we have any legal recourse?
1 Answer from Attorneys
Re: Family counselor breached contract
You may have a claim, depending upon whether you and your husband could successfully prove that you told the counselor what your message says you did. You would have the burden of proving the content of the conversations and you would have to convince a jury "to a reasonable certainty by the greater weight of the credible evidence" regarding those conversations.
The issue of damages might also be difficult. A jury would have to determine what fair compensation to you and your husband would be. That would depend upon how the jury felt you and your husband were injured as a result of what happened.
You may call me with any questions you may have. My phone number is 414-224-1220.
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