Your question was referred to the legal department.
An action for medical malpractice must be based on a mistake a doctor made in his capacity as a doctor - - - misdiagnosis, failure to properly treat a condition which the doctor should have or could have discovered, things along that nature. My Answer might be different, if this involved a patient and their psychiatrist who might have taken advantage of a patient's vulnerable mental state, but not in any other field of medicine.
If you actively participated in this affair with the doctor, I cannot see on what basis your attorney intends to proceed. I would strongly suggest you get a second opinion from another attorney because I do not think you can prevail in such an action and if you proceed and fail, the doctor can hold you liable for all of his legal fees, expert witness costs, court costs and all other fees they incurred in defending this action.
I realize that this is not the answer you were hoping for and I wish I could give you an answer that was more favorable to your claim, however, I am obligated to give correct answers, so please do not hold the state of the law and case law governing your case against me. I still suggest that you get a second opinion because your present lawyer may be buying you a very expensive lawsuit by the doctor against you. After all, the lawyer has nothing to lose, all he will try to do is squeeze the doctor for some kind of settlement which he will never get because there is no basis, and then the lawyer will walk away, leaving you having to pay the expensive lawsuit brought by the doctor. If you do not believe what I am saying is the truth, ask your present lawyer if he will represent you for free when the doctor turns around and sues you for all of his costs, which will include his lost earning in defending your lawsuit. The doctor will be suing you for over a quarter to one jalf a million dollars, just keep that in mind.
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ANDREA, JD, LLM
MEMBER, NY & PA BAR
You completely misread my answer if you think that I said that only "a psychiatrist has a right to violate and take advantage of a patient", because I said no such thing.
Both you and your attorney seem to overlook one very important issue which both the Judge and the attorney for the doctor will not overlook - - - you were an active and willing participant in this affair and knew exactly what you were doing. And if your attorney thinks he can hold an endocrinologist accountable for your mental state, you really should consider another attorney. To protect yourself, you should prepare a defense when they treat you as the scorned lover in the pleadings and in the Court proceedings.
I am going to opt out of your question because I do not believe I can help someone in your position with the facts you have stated.
I wish you the best in all your endeavors
My relationship with my former doctor ended May 1st 2010. 3 months ago. The summons and complaint have already been filed. This is deliberate negligence. A lot tort law but to tell me I do not have grounds for a suit and I AMD MY LAWYER are setting me up for an expensive suit is WRONG. I was taken advantage of exploited and came to this doctor with a known psychiatric diagnosis of BPD. I really get upset when someone tells me/ answers a question that they do not know the answer to.In medicine in it presumed because of the power of the doctor and the inequality of the relationship IT IS NEVER OK FOR A DOCTOR TO HAVE A RELATIONSHIP NOT EVEN SOCIAL LET ALONE PHYSICAL WITH A PATIENT EVEN IF THE PATIENT CONSENTS!!!!!!!!
pLEASE READ ALL THE ABOVE QUESTIONS AND COMMENTS BEFORE RESPONDING. THANK YOU
I have an attorney. Does this or any doctor have a DUTY to a) conform to a certain standard of care? And within that standard do they not have a duty to act responsibly enough to not INTENTIONALLY cause harm to a patient that puts their life and trust in their hands. Are all you lawyers implyng that it is YOUR belief that it is OK for a doctor to have a physical sexual relationship with a CURRENT patient. Unless it is a psychiatrist. So dentists, and neurologists, and Urologists, and gynocologists and G.I. doctors etc. can just have sex with their patients as long as the patient who once again "is never looked at as being accountable because of the influence that any physician has in a doctor patient relationship" makes it OK and they can just act innapropriately, negligentlly etc. Maybe I should start answering questions here. Just read some literature. It is both malpractice/negligence and misconduct. And yes I do have an open investigation with OPMC. I never asked from my 1st question IF I HAVE A SUIT I ALREADY KNOW I DO SO PLEASE EXPLAIN WHAT YOU ARE ASKING ME ABOUT"CAUSE OF ACTION" i THINK i OUTLINED MY CAUSE OF ACTION. Not to mention the P.C. NEGLIGENCE FOR CONTRIBUTORY NEGLIGENCE AND LACK OF PROPER SUPERVISION OF THEIR EMPLOYEE/WIFE/DAUGHTER
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