According to laws in place, therapists, psychologists, and other types of counselors are required to keep information confidential; however, there are exceptions to this rule. If you visited a therapist for help and he or she revealed details of your visits to your soon-to-be ex-husband, you might be able to sue the therapist for breaking these rules. If the information caused you harm, you may want to hire an attorney to investigate the situation.
What Branch of Law Is This?
Typically, cases like this can fall into the branch of law known as medical malpractice, which is part of personal injury law. Medical malpractice can involve any type of case that involves the medical field, including when:
- A doctor performs the wrong procedure
- You receive a misdiagnosis
- Breach of confidentiality
- Harm occurs from a standard procedure
You can hire a personal injury attorney for help, or you could look for a medical malpractice lawyer. To win a case like this though, there are certain conditions that you must prove.
What Conditions Must Be In Place?
There are three main things that you must prove in order to win a case of breach of confidentiality:
- Proof – The first element needed in a case like this is proof. Are you certain the therapist revealed confidential information? Can you prove that this took place? How do you know it happened? These are some of the questions your attorney will ask you during your initial consultation.
- Negligence – The next element needed in any type of personal injury case is negligence. Was the therapist negligent in giving out this information, or did she do it under legal terms?
- Harm – Finally, you must be able to prove that this breach caused you harm. This could be physical harm of some kind, or it could be emotional harm. For example, if the therapist told your ex that you had an affair and he comes after you and harms you, this might fall into physical harm, and the therapist might be held at least partially responsible for this. Emotional harm could occur if your ex spreads information around about you that he learned from the therapist.
If you can prove these three things, you may be able to win your case, but there are other factors that may affect your case too.
What Other Factors Are Involved?
While some cases are easy to prove, others can be more difficult. For example, if your ex learns things you revealed to your therapist without talking to the therapist himself, there could be someone else involved. Maybe it was the receptionist that works at the office, or it might have been a cleaning crew that happened to find notes from your appointment.
In either case, your therapist may still be responsible for this due to negligence. If the therapist did not properly lock up the files, or if the therapist told the receptionist details, this could be used to prove negligence.
Another factor to consider is the way the information was passed on to your ex. Did your ex threaten the therapist? If so, your therapist might not be at fault simply because his or her life was at stake. There are so many factors that your lawyer will consider as he or she handles your case, and these are just a few of them.
If you have been harmed by a breach of confidentiality, talk to a personal injury attorney today. This is the only way for you to find out if you have a good, solid case, and it might be your first step to receiving the settlement you deserve.