Do I have any recourse against a therapist that I saw only once who decided to have the police do a welfare check on me 2 months later?
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Do I have any recourse against a therapist that I saw only once who decided to have the police do a welfare check on me 2 months later?
I was not a threat to myself or anyone else and my initial reason for a visit was because I was having trouble focusing on school; I was failing a couple of classes. The police woke me up early in the morning and demanded to go through my computer. The only reason I know it was this therapist is because I filed for a release of information on the caller. She told them just about everything I shared with her in private. It was embarrassing and a complete breach of confidentiality. I never said anything to her to indicate in anyway that I had any intentions of hurting myself or anyone else.
Asked on June 16, 2014 under Malpractice Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If based on your disclosures, it would not have been unreasonable for the therapist to believe that you might pose a threat to self or others, she would nott be liable; she would only potentially be liable if a reasonable therapist in her position, possessed of the information which she had, would not have thought that you were a threat. Since this is a very fact specific inquiry, it would be a good idea to consult with an attorney with experience with malpractice claims vs. therapists; that attorney should be in a good position to evaluate what was said and what the reasonable therapist's response would have been.
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