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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110466
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can a parent sue a therapist who knowingly traumatize a child

Customer Question

Can a parent sue a therapist who knowingly traumatize a child by calling a police officer to the room during a session (seven year old boy) knowing the child has separation disorder/anxiety plus been diagnosed with PTSD . While in the custody of his mother he had a gun held to his head. The reason for the police to be called she was making the father leave the room and pursued it until the child lost it while holding on to his father. Therapist will not return calls to father. Father has had custody of child since he was 18 months old.
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What you are talking about is malpractice. So, under Indiana law, to prove a case for malpractice, you must either have a medical expert testify that the conduct of the therapist was below the reasonable standard of care or you must file a complaint with the licensing board and they must investigate and determine the therapist acted improperly given the facts of the situation. Either your own expert or findings from the board must be presented in court to have a successful case.
So to determine whether or not you have basis to sue, the first thing you need to do is bring the child to a new therapist or psychiatrist and they have to review his records and what occurred and they need to make the determination whether or not this therapist acted within the scope of the accepted practices. If they find the therapist did not do so, then you can sue.

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