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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This is for ANY doctor that practices in the state of New York. I

Customer Question

This is for ANY doctor that practices in the state of New York.
I have a malpractice/nnegligence suit against my former endoricologist for having a sexual relationship with me.
The doctor is a paid employese of a small PC that consists of her husband and father.
My question is seeing as in NY most insurance companies (correct me if I am wrong) have an exclusionary clause for sexual acts of misconduct/innappropriateness, is the PC liable for the lack of proper supervision, especially since her husband new for at least 6-8 months that some type of innappriopriate relationshio existed. As per catching her talking on the phone with me at 2:00 AM as per seeing us together in her car. My lawyer is prepared to go after their personal assets if neccessary. I have also been told if I am awarded money for my pain and suffering that too comes out of the doctors pocket, that is something that insurance companies do not cover at all. I also have charges against the doctor with OPMC i am wondering from any doctors out there how they think OPMC will process this. I have 200 text messages, I have emails, voicemails, receipts from hotels, phone bills, gift receipts etc
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

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.

 

_____________________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

BONUS is always appreciated

 

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Customer: replied 4 years ago.
OK I am a psychiatric patient even though she isn't a psychiatrist. This was made known to her from both me and my Social Worker when she got involved with me intimately after 5 years of being my "doctor" I wss exploited, taken advantage of and defenseless because of my diagnosis ans she knew this. As far as suing me as per your suggestion for her legal expenses I am and have been on disabilty all my lofe they have nothing to get from me. And if you read any articles on sexual relationships between doctors and patients they are intentional however still prosectutable in the sense of malpractice. The part about improper diagnosis etc is why insurance companies now have an exclusion about sexual misconduct because it is willfull and not accidnetal. You"re implying that a G.P. or a dentist or a G.I. doctor anything but a pyschiatrist has a right to violate and take advantage of a patient and can't be sued and held accountalbe. I think you are wrong I have had a few lawyers willing to take the case on it's merits, particularly that I am emotionally damaged goods that she made worse. The hard part may be having to go after their personal assets because it was AN INTENTIONAL ACT. but going back to the responsibilty of the PC (father, husband) I believe the insurance company has to cover that. But I asked a doctor cause I think they would have known more about the particulars but you are right your answer surprized me and I believe you are wrong
Expert:  Andrea, Esq. replied 4 years ago.

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

 

 

Customer: replied 4 years ago.
Sory your answer not only was wrong, but upset me extremely. How do you tell someone that they are leaving themselves open for a 1/4 million dollar or more lawsuit based on inncorrect information. You opened my question up to other experts, apparantly NOT since I still haven't received any answers to the questions I asked that evening. You jumped in and answered a question that isn't your field of expertise and I do not accept your answer.
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's legal experts. I'll be helping you resolve your matter today. Your previous expert has asked me to take over.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Can you tell me the dates of all these events - I'd like to first see that statute of limitations do not apply.





Customer: replied 4 years ago.

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

Expert:  Ely replied 4 years ago.
You say you have already filed a complaint? Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.


What causes of action(s) are you alleging? Do you have an attorney or are you doing this yourself?



Customer: replied 4 years ago.

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

Expert:  Ely replied 4 years ago.
Okay, from what you are stating, you're alleging negligence per se, which can be applied when a person does something not necessarily against the civil code but against an administrative or criminal code, in which case here - he violated his own medical oath. I can see that. Okay, now we're on the same page. So what's your question?
Customer: replied 4 years ago.
fORGET IT. I NEED A LAWYER FROM NY THAT HAS EXPERIENCE IN THIS FIELD. I AM ONLY GETTING FRUSTRATED. MY QUESTION WAS ORIGINALLY ASKED TO DOCTORS REGARDING THE EXISTANCE OF AN EXCLUSIONARY CLAUSE FOR SEXUAL MISCONDUCT IN THE INSURANCE THAT DOCTORS CARRY

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