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Is it possible to sue a therapist for slander (and potentially malpractice) in small claims court?

  
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Is it possible to sue a therapist for slander (and potentially malpractice) in small claims court?

Postby jamilah38 » Thu Aug 02, 2012 11:17 am

In short, it's not my therapist i want to sue (i don't even go to one), but it's my (now ex) girlfriends therapist i'm looking to take to a small claims court. She's been seeing him for a while now, and recently it has come to my attention that he, for lack of a better term, talks a lot of crap about me. Some of the things he's said, paraphrased, are:
"He's no good for you, he's not going to be with you forever and you need to forget about him"
"You need to leave him before he leaves you"
"If you were to get pregnant, he would leave both you and the baby and screw you over"

The list goes on, but I'll keep it short. These statements appear to fit the definition of defamation, albeit they could be passed off as opinion, the way he stated them makes them appear as fact. Anyways, despite the fact that her and i are now apart, we still care about each other and all that stuff he says to her is not only very hurtful, but terribly wrong. Therapists jobs are to "treat" patients and help them cope with their emotional problems, however my ex has told me multiple times that after their meetings she just feels much, much worse than she did before.

Do i sound like I have a bit of a case against this man? Or could the common judge just say, "Well, nobody's forcing her to go to that therapist"? Thanks for any help.
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Is it possible to sue a therapist for slander (and potentially malpractice) in small claims court?

Postby breasal » Thu Aug 02, 2012 11:22 am

most small claims courts have very limited jurisdiction and cannot hear claims like slander of malpractice. In a court of general jurisdiction you have no claim of malpractice because he is not treating you. You have no claim of slander as he is free to express opinions.
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Is it possible to sue a therapist for slander (and potentially malpractice) in small claims court?

Postby jolie » Thu Aug 02, 2012 11:26 am

Did your therapist sign a document promising specified improvements to you by a certain date for a certain price?
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Is it possible to sue a therapist for slander (and potentially malpractice) in small claims court?

Postby aingeni » Thu Aug 02, 2012 11:30 am

Did your therapist sign a document promising specified improvements to you by a certain date for a certain price?
Did the therapist make the statements publicly, or just in the sessions with your ex? You can ONLY have a slander case against someone that made PUBLIC statements. It sounds to me that IF you have a case against anyone, it is your ex.
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