If a physician manipulates a long time (6 year md/patient relationship) female patient into having sex in his office on a saturday when the office is empty held as liable when it is consensual sex and he convinces her that "he can help" her? Does consensual sex make the offense any less credible because the md was indeed aware of the emotional state of patient and used this opportunity to exercise his power over her and satisfy his own desires? Is ther a chance this md could lose his licese, have them revoked or just receive board sanction?
A female lawyer might make the client more comfortable but I doubt very much that the sex of the lawyer would have anything to do with the outcome of the case. It is impossible to even guess at the merits of the case and the probable outcome of either a civil action or a medical disciplinary proceeding based on a post to Avvo. It would be necessary to meet and interview the client, for starters.
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I believe I answered a similar question a few moments ago. It is best to post once. However, as to whether it is best to have a male or female attorney for this type of case, honestly I do not believe that it matters. What is important is to have a competent attorney with whom you feel comfortable and with whom you can relate and who you trust can convey your situation if necessary to a jury in a persuasive and sensitive manner.
You have a complicated set of facts and need a competent attorney. I wouldnot worry about the gender of the attorney, just their competence. The issues you are going to have deal with permanent injury. what are you long term damages due to the consensual relationship? The relations may have been improper and a claim with the state licensing Board can be filed. What will happen to the license is up to them. What is your long term goal here? Are you harmed or are you angry or ar you pregnant? You dont really explain what is the crux of the complaint and I think you need to address that with counsel.
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Your most important issue is whether the lawyer that you hire has the ability to obtain the right result for you, not whether male or female.. If you cannot locate counsel with whom you are comfortable in the Jacksonville area, please contact me for a referral.
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In my opinion, it does not matter, however, that can be a strategy decision for the law firm that you retain. Good luck to you.
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Any one of the above mentioned sanctions are possible. You can only get monetary damages if you file suit in Civil Court or reach an out of court settlement on your claim. A medical practice Board complaint would not provide you any monetary relief. I do not see any specific preference for a female malpractice attorney. What you want is someone who is well experienced and capable of trying a malpractice case, regardless of their gender.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Sounds like a really bad situation and I'm sorry to hear you are having a difficult time. Your first question should be whether you have a case, not the gender of your attorney. If this was a psychiatrist you were seeing, and I'm guessing it was, you may indeed have the basis for a lawsuit. Doctor patient sex cases in the context of psychotherapy are often actionable. An investigation by a competent attorney who has handled similar cases would be the best place to start.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. For specific advice about your particular situation, consult your own attorney or if you do not have an attorney, consult with an attorney.
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