[musinglizzy]

Intentional Tort. I had no idea what that was, so looked it up. Here's what I found. Could this cause her to lose her license?

TORT LAW FOR PSYCHOLOGISTS

Torts refer to conduct that causes harm and for which the law imposes civil liability. If a careless driver (a tortfeasor) rear ends you and causes harm to your car and/or your body, the driver could be liable for those harms, and would have to pay enough money to make you whole or put you in the position you would have been had there been no tort.
There are three basic tort theories. The first is based on intent, which means the tortfeasor intended to do something that caused harm. The second theory is based on carelessness or fault. Under the second theory, it does not matter what you intended, but rather only that what you did was careless. More specifically, in psychology, it means you fell below a standard of care in the profession. The third theory, known as strict liability, holds one liable regardless of intent or fault. If injury occurs under a strict liability theory, all that a plaintiff need show is that injuries were caused by the defendant’s conduct, regardless of how well intended.

[Out There]

Sorry this is happening and how you feel. If the lawsuit is for intentional tort it would seem quite serious , how it would affect your T's licence I wouldn't know though.

[junkDNA]

are you still seeing her?

[musinglizzy]

Yes. I had never heard of this term, and was curious about how serious it might be. I find it interesting.....wish I knew the story behind that one!

[atisketatasket]

Do you know if it’s tied to her work as a psychologist?

[SalingerEsme]

Wow, she must be stressed and worried- does it show in session?

[musinglizzy]

Yes, she AND her practice are listed as the defendant. Honestly, she hasn't been around that much, this took place in April, and she's been on a couple of vacations since then. I haven't noticed much change in her except that she's getting more rigid in her boundaries (again).

[precaryous]

Originally Posted by musinglizzy

Yes, she AND her practice are listed as the defendant. Honestly, she hasn't been around that much, this took place in April, and she's been on a couple of vacations since then. I haven't noticed much change in her except that she's getting more rigid in her boundaries (again).

Doesn’t sound good. I’m sorry.
Have you checked her license status lately? Does she accept insurance or does she require cash?

[musinglizzy]

Yeah, her status is fine, and I don't think she's been reported before. She takes insurance. She has made some pretty bad calls with me, so I guess I'm not surprised someone else is taking action against her. I guess time will tell.

[scorpiosis37]

I sent you a PM.

[musinglizzy]

Originally Posted by scorpiosis37

I sent you a PM.

Thank you!

[JaneTennison1]

Given the way she has acted with you, I am unsurprised she has pulled crap with other people too.

[luvyrself]

Originally Posted by musinglizzy

Intentional Tort. I had no idea what that was, so looked it up. Here's what I found. Could this cause her to lose her license?

TORT LAW FOR PSYCHOLOGISTS

Torts refer to conduct that causes harm and for which the law imposes civil liability. If a careless driver (a tortfeasor) rear ends you and causes harm to your car and/or your body, the driver could be liable for those harms, and would have to pay enough money to make you whole or put you in the position you would have been had there been no tort.
There are three basic tort theories. The first is based on intent, which means the tortfeasor intended to do something that caused harm. The second theory is based on carelessness or fault. Under the second theory, it does not matter what you intended, but rather only that what you did was careless. More specifically, in psychology, it means you fell below a standard of care in the profession. The
third theory, known as strict liability, holds one liable regardless of intent or fault. If injury occurs under a strict liability theory, all that a plaintiff need show is that injuries were caused by the defendant’s conduct, regardless of how well intended.

———good lord, are you kidding, get someone new now, it takes awhile. Three attorneys in my family. What are you thinking? You can watch legal messes on tv if this entrances u so much. It takes so much time, money, and emotional uproar to bring a lawsuit like this that she must have screwed up over something serious.

[musinglizzy]

Originally Posted by luvyrself

———good lord, are you kidding, get someone new now, it takes awhile. Three attorneys in my family. What are you thinking? You can watch legal messes on tv if this entrances u so much. It takes so much time, money, and emotional uproar to bring a lawsuit like this that she must have screwed up over something serious.

I am working on that. I've been to 5 therapists since this one. I'm waiting to find one that sticks.....have one possibility, and currently looking.

[Anne2.0]

This is America, anyone can file a lawsuit against anyone else. Filing a lawsuit doesn't prove anything except a person is disgruntled in some way, and/or is looking for money (see any personal injury lawyer ads lately?). I find it interesting that someone (and unless you've read the allegations in the lawsuit, which you can at the local courthouse) didn't also file an ethics complaint with the relevant board. Perhaps the lawsuit isn't by a former client at all. Perhaps it's a slip and fall, or the guy who cuts the lawn didn't get paid. If the lawsuit is by a client, seems a little shady s/he didn't also file an ethics complaint, but there ain't no cash in that.

"Torts" laws vary widely state by state for psychologists and for everyone else. What is "intentional" in one state may not be in another.

This suggests to me that you are willing to make a lot of assumptions to not trust the T you are currently seeing. Signals a new one might work better for you, and good luck with your search.

[Whalen84]

Originally Posted by musinglizzy

Yeah, her status is fine, and I don't think she's been reported before. She takes insurance. She has made some pretty bad calls with me, so I guess I'm not surprised someone else is taking action against her. I guess time will tell.

Hi was just curious what those bad calls were. I'm kind in the middle of a mess w/ my former therapist. Mine was just....to friendly....thats a nice way to put it.

[junkDNA]

Originally Posted by Anne2.0

This is America, anyone can file a lawsuit against anyone else. Filing a lawsuit doesn't prove anything except a person is disgruntled in some way, and/or is looking for money (see any personal injury lawyer ads lately?). I find it interesting that someone (and unless you've read the allegations in the lawsuit, which you can at the local courthouse) didn't also file an ethics complaint with the relevant board. Perhaps the lawsuit isn't by a former client at all. Perhaps it's a slip and fall, or the guy who cuts the lawn didn't get paid. If the lawsuit is by a client, seems a little shady s/he didn't also file an ethics complaint, but there ain't no cash in that.

"Torts" laws vary widely state by state for psychologists and for everyone else. What is "intentional" in one state may not be in another.

This suggests to me that you are willing to make a lot of assumptions to not trust the T you are currently seeing. Signals a new one might work better for you, and good luck with your search.

while a lot of people do file lawsuits for those reasons... those are not the only 2 reasons.

[Anne2.0]

Originally Posted by junkDNA

while a lot of people do file lawsuits for those reasons... those are not the only 2 reasons.

Um, I did not say those were the only reasons nor do I think that. And those like you, who have won their own lawsuits, deserve compensation for the wrongs done to them.

I'm not talking about or referencing a person's own lawsuit and the motivations for it. That is not the subject of this thread. I simply think some caution is warranted before using someone else's lawsuit to overinterpret what happened to *someone else.* It's speculation at best and prejudice at worst, as it's a lawsuit filed, just allegations, not even a "win" or loss in the system.

The vast majority of civil and criminal cases are disposed of by plea bargain or agreement, which makes the "truth" of what happened elusive. Even trials don't speak to the truth, but to what evidence is permissible.

I'm not challenging any person's truth here. I believe in finding one's own truth and that is one thing that has really helped me heal. I just wanted to say my piece about what I think about using evidence from what other people claim to be their truth, when its source is the legal system. It's not what I would choose to do because I've seen first hand how wrong the legal outcomes can be. But everyone else can carry on with whatever works for them.

[musinglizzy]

Originally Posted by Whalen84

Hi was just curious what those bad calls were. I'm kind in the middle of a mess w/ my former therapist. Mine was just....to friendly....thats a nice way to put it.

In the beginning there was a lot of holding/touch/long hugs, even a few "I love yous". There was a lot of texting back and forth, more self disclosure, I felt "special." She eventually took all of that away without any discussion about it at the time. I found it very retraumatizing. I feel pretty pathetic for feeling the way I do...but it is what it is.

[stopdog]

If one is concerned, why not just go look at the complaint in the courthouse? The other thing is that just because there is a lawsuit, it does not mean the defendant did what is alleged. People file lawsuits all the time. From what has been posted here, I don't think it is even clear that it is about the actual practice of therapy or a client. And if a client it could be something like they fell in the parking lot and are accusing the therapist/business of not clearing it from ice sort of thing or someone who rented an office from them or any number of things that are not due to malpractice by the therapist.

[musinglizzy]

Originally Posted by stopdog

If one is concerned, why not just go look at the complaint in the courthouse? The other thing is that just because there is a lawsuit, it does not mean the defendant did what is alleged. People file lawsuits all the time. From what has been posted here, I don't think it is even clear that it is about the actual practice of therapy or a client. And if a client it could be something like they fell in the parking lot and are accusing the therapist/business of not clearing it from ice sort of thing or someone who rented an office from them or any number of things that are not due to malpractice by the therapist.

I know nothing about the court system....how does one find the complaint? I'm not concerned about this....just very curious...

[precaryous]

Originally Posted by musinglizzy

I know nothing about the court system....how does one find the complaint? I'm not concerned about this....just very curious...

Would it be on micro-phish at the court house? That’s where my lawyer looked for any other lawsuits against my exploiter.

But that was almost 20 years ago. They might be kept some other place.

[Anne2.0]

Originally Posted by precaryous

Would it be on micro-phish at the court house? That’s where my lawyer looked for any other lawsuits against my exploiter.

But that was almost 20 years ago. They might be kept some other place.

Many county courts have searchable records online where you can see some details of a recently filed lawsuit (you can search by name usually and type of case). To find the online records, search for "circuit clerk mycounty" or something like that. The details available online might be just the docket sheet, i.e. this petition for relief was filed on this date and it is set for a hearing or whatever on this date. The case number is your ticket to look at the paperwork in the court file. You can go to the circuit clerk's office in the county court and ask to check out file number xyz.

If the records are not available online, go to the county courthouse to the circuit clerk's office. They might have a computer terminal where you can search to find the case number for the lawsuit you are looking for. Or just say you are looking for a civil case where xyz is a party. Once you have the case number, you can ask to see the court file.

All lawsuits or criminal cases are public record and available for anyone to review upon request unless a judge has ruled otherwise (or it's a juvenile case). You can make copies but probably have to pay per page.

If you're looking for the court file of an old case, it would probably be on microfiche, although some records are just destroyed after a certain time and a surprising number of records get destroyed by water or moisture in the courthouse basement or fire or are just lost. How long they keep what kinds of files is probably a function of local or state law.

[ruh roh]

Hi musing, this does not surprise me at all, and I am so sorry. I remember when she was doing things like talking to her daughter and/or daughter's therapist on the phone during your session, and texting you while on the phone with another client (and actually told you this). She has always seemed less than present for you, except when overdoing it that first year.

You were such a different person when you started therapy. Almost happy and bubbly. You had gone because of marriage issues, if I recall, and then your therapist started reeling you in and things spiraled. This is not how therapy is supposed to work, but I understand how attachments can prevent people from leaving an unhealthy relationship.

[musinglizzy]

Originally Posted by ruh roh

Hi musing, this does not surprise me at all, and I am so sorry. I remember when she was doing things like talking to her daughter and/or daughter's therapist on the phone during your session, and texting you while on the phone with another client (and actually told you this). She has always seemed less than present for you, except when overdoing it that first year.

You were such a different person when you started therapy. Almost happy and bubbly. You had gone because of marriage issues, if I recall, and then your therapist started reeling you in and things spiraled. This is not how therapy is supposed to work, but I understand how attachments can prevent people from leaving an unhealthy relationship.

Thank you, ruh roh. You have a VERY good memory! You are exactly correct. She did over do it that first year....said she was trying to gain my trust, she said. I guess, because of all I've been through with her myself, I'm just curious if she made someone else feel the same way I still do. I have been trying to seek out other therapists......it hasn't gone well. I feel like giving up on therapy completely....just accepting I am who/what I am and moving on. Therapy has just made things worse.