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Andrea, Esq.
Andrea, Esq., Attorney
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I wss forced to take a medical leave of absence from law school

Resolved Question:

I wss forced to take a medical leave of absence from law school before finishing finals based on another student's statements to the deans of the school which i was not aware of until I was called in and told that I was being forced to leave campus. The reason was that they said i May be a threat to myself or others. Two deans contacted my therapist and I never signed a HIPPA form for her to talk to them. Actually, the deans only found out I was seeing a therapist and how to contact her through the student that made the statements about me. Now they say that I can't return until I get a signed statement from a psychiatrist saying that I am not a threat to myself or others. However, from the psychiatrists I've contacted so far, they are saying that no psychiatrist would ever sign such a statement because it is too much of a liability risk. I want to go back to school and feel as though I have been wrongly forced to leave and my privacy rights have been violated. What can I do, and has there been any wrongdoing? Thank you.
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Good Evening,

 

Thank you for your question and coming to JustAnswer

 

Answer 1

If the therapist you are seeing spoke with anyone, including the deans, about any aspect of your sessions or anything that you said during those sessions, and you never signed a HIPPA form, you have an action against the therapist.

 

If what the other person said is not true, you have an action for slander against him because he certainly brought your name and reputation into question and you certainly suffered damages by being asked to leave law school, losing your tuition, and bringing your mental stability into question among your peers.

 

Answer 2

While the letter which the deans require to re-admit you to law school does, in fact, open the door to liability on the part of the psychiatrist or other therapist 3 things must be noted:

a) You would not be asking for such a letter from a therapist who you have visited only once, because such an opinion letter would be meaningless;

 

b) Although such a letter opens up the therapist to liability, a therapist seeing you on an ongoing basis and knows you well enough to attest that you are not a threat to yourself or anyone else, should have no problem preparing that letter; additionally, the liability exposure does not go on forever into the future; a therapist writing such a letter would not be liable if a patient became unstable a year after the letter was written

 

c) If that is what the deans are requesting for readmission to the law school, you will have to comply in order to be readmitted and these are more damages you can claim if you file a suit for slander against the individual who started all of this.

 

 

I hope this information has been helpful; if you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question.

 

__________________________________________________________________________

 

 

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

Customer: replied 4 years ago.
Was my therapist legally even allowed to say whether I was a patient there or not though, when the deans called, and should the deans even have been allowed to call, provided that they even found out who the therapist I was seeing was, based on another student's information?
Plus, is the school allowed to force me to take medical leave when I never even had a chance to rebut the accusations before the decision to make me leave was made?
Expert:  Andrea, Esq. replied 4 years ago.

No one can prevent another person from making telephone calls, therefore, the deans could call, if they so wished. As I told you in my Answer, you have a cause of action against the therapist, if she divulged any information to the deans

 

If the deans received information that one of their students is a threat to himself and to others, they would have been negligent, if they did nothing about investigating and protecting both the student and the student body.

 

The school is not a court of law so as to be compelled to permit you to rebut. Their defense would be that they had to act quickly because of exigent circumstances.

 

If you feel you were discriminated against in any way, your recourse is to sue the school for re-admisssion without the requirement of producing the letter they requested.

 

Who is this other person who spread these stories? Are any of the stories true ?

 

_________________________________________________________________________

 

 

Pressing the ACCEPT button will not close the window and yopou can ask follwo-up questions if you like

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11657
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 8 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 4 years ago.

Good Evening,

 

Thank you for your question and coming to JustAnswer

 

Answer 1

If the therapist you are seeing spoke with anyone, including the deans, about any aspect of your sessions or anything that you said during those sessions, and you never signed a HIPPA form, you have an action against the therapist.

 

If what the other person said is not true, you have an action for slander against him because he certainly brought your name and reputation into question and you certainly suffered damages by being asked to leave law school, losing your tuition, and bringing your mental stability into question among your peers.

 

Answer 2

While the letter which the deans require to re-admit you to law school does, in fact, open the door to liability on the part of the psychiatrist or other therapist 3 things must be noted:

a) You would not be asking for such a letter from a therapist who you have visited only once, because such an opinion letter would be meaningless;

 

b) Although such a letter opens up the therapist to liability, a therapist seeing you on an ongoing basis and knows you well enough to attest that you are not a threat to yourself or anyone else, should have no problem preparing that letter; additionally, the liability exposure does not go on forever into the future; a therapist writing such a letter would not be liable if a patient became unstable a year after the letter was written

 

c) If that is what the deans are requesting for readmission to the law school, you will have to comply in order to be readmitted and these are more damages you can claim if you file a suit for slander against the individual who started all of this.

 

 

I hope this information has been helpful; if you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question.

 

__________________________________________________________________________

 

 

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

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