Legal Question in Employment Law in Wyoming

Biased Psychological Report

If an employee asks for an accomodation under the ADA for major depression and an employer asks for a second opinion, and the psychologist giving the opinion goes beyond his area of expertise, plus uses materials that are obtained illegally, such as past medical records without a medical release, some personnel files, etc., is there a remedy where the employee can obtain some financial relief.

As I understand it, malpractice is out because the psychologist was not working directly for the employee. However, I feel there should be some way to hold the psychologist responsible for a "bogus" report.

Thanks.


Asked on 5/11/98, 4:18 pm

1 Answer from Attorneys
Thomas Lubnau Lubnau Law Office, P.C.

Difficult Issue

The issue you present is difficult to answer basedsolely on the facts you presented. You maystill have a claim for malpractice. The statuteof limitations is 2 years. The psychologisthas a duty to act as a reasonable psychologistwould under the same or similar circumstances.Whether he was working for your or someone elseshould not change that evaluation.

However, based upon the information you present, I cannot give you a specific answer.

My advice is to consult the attorney of yourchoice as soon as possible to have the matterevaluated with all the facts involved.

Thank you for the question.

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Answered on 6/02/98, 4:31 pm


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