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Debra Thomas’s Answers

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  • Can I sue a rehab for malpractice?

    My fiance is in a drug treatment center (South Suburban Council in Hazel Crest,Il.) and one of the counselors pushed her into recalling repressed memories of abuse to her child by her ex husband when the child was 2 (this counselor was severely re...

    Debra’s Answer

    Assuming the counselor failed to follow the treatment protocol for the patient by causing the patient to recall repressed memories, there may be a claim for negligent infliction of emotional distress -- if the patient has in fact been distressed by the memories. If recalling the repressed memories has interfered with the patient's progress in rehab, that too may be a source of damages. As to the memories triggering a DCFS investigation which may delay the time when the patient may by joined with her children, that alone would probably not be compensable. The source of the damages is the emotional distress experienced and/or delay in recovery due to mental state. If the treatment center is a state facility, a different analysis may apply.

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