Can I sue a psychologist?

Asked over 2 years ago - Milwaukee, WI

I went to see a psychologist for a psych eval on the recommendation of my psychiatrist. She is a colleague of his. Because the stressor is my work situation, the psychologist chose to completely mistate the facts of my case. Include answers to questions she never even asked me in the 2.5 hours total. Called me delusional when I said I consider my relationship with God to be the most important relationship in my life and suggested that even though there was no evidence of it, I was probably abused as a child (NEVER HAPPENED). I feel she did this to keep herself and her colleague out of a battle with my employer. I never planned to sue my employer, even though harrassment by my supervisor was the cause of the stress. My plan was to find a new job and get some therapy and move on.

Attorney answers (2)

  1. William Scott Adams

    Contributor Level 9

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    Answered . I do not practice in WI, so you would be best to consult with a WI licensed attorney; however, depending on the state, a psychologist may or may not be considered a "professional" in the eye of the law, in order to bring a "malpractice" claim against him/her. Some states also have regulations and ethical standards governing certain professions, which could help establish a "standard of care." Most professionals and quasi-professionals subscribe to professional organizations within their field, which may also have a set of practicing and ethical standards. However, statements of opinion are generally not actionable. Deliberately false statements of fact, which are harmful, may be in certain circumstances. Most of what you have set forth above sounds like simple opinion statements, and unless you have some evidence of demonstrable bias and deliberate falsehood, you probably do not have a legal claim. However, you may consider availing yourself of the psych's professional boards/associations, with the understanding that you may be opening up your records with the pscyh to inspection and review by such boards/associations. Although, such "records" may be too sparse for any kind of meaningful review anyway.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . You can sue a ham sandwich. Here, the psychologist is expressing her opinion, thus, don't see a good remedy in a lawsuit.

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