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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Asked by you on Saturday, July 31, 2010 11:41 PM EST

31 Accepts / 27 Answered Questions

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


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Gender: Female
Age: 50

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From ANDREA,Saturday, July 31, 2010 11:58 PM EST
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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Kindest Regards, XXXXX 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
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

I have opted out of your original question so that I could allow other experts to assist you. There is no reason to repost your question, therefore, I will ask that the Moderators close this question as a duplicate.

 

Please do not reply to this comment.

 

Thank you and, again, I wish you the best

Customer: replied 6 years ago.

so where will I get my reply if you closed this question which now just closed the page that said we are waiting for a reply?

I never gave negative feedback on any one on this site. I have respected or rejected their answers and then moved on. But I don't think someone should answer a question if they are not knowledgeable enough to and worse yet intimidate or scare the person asking the question telling them about lawsuits that can be started against them. I have a REAL lawsuit NOT LIABLE and yes SEVERAL EXPERTS in the field of MALPRACTICE have said so.

Expert:  Andrea, Esq. replied 6 years ago.
I have opted out of your question so that another expert can assist you.
Andrea, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Relist: Inaccurate answer.

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