How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

My children were seeing a Psychiatrist and he revealed in a

Resolved Question:

My children were seeing a Psychiatrist and he revealed in a school assessment that my son had been seeing him as a patient and he even revealed, wrongly, the home environment, and went as far as stting my mental state and condition. Would this be malpractice and be something I can sue him for? The information he provided has now been entered into school district records. I am also wondering couldn't the district be sued for wrongly accepting the information that was supposed to be confidential? The information the doctor provided was 1. out of his scope of practice because I am not his patient nor ever was and 2. he never had a consent signed by me to reveal that my son was a patient of his to tell the school nor did the school have a consent to ask or receive info. regarding my son.
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
Thank you for your question.

A psychiatrist is under HIPPA regulations which mean that all health information is confidential. The only type of disclosure which is allowable is from health care worker to health care worker (so a physician can talk to the school nurse about care needed for a student). However, a phsychiatrist may not share privileged information with a school for the school's assessment of the child without consent of a parent, for example. Parents should check the releases that were signed with the psychiatrist upon entering their children into therapy to ensure that privacy concerns are maintained. HIPPA privacy restraints can be released and disclosures allowed if a disclosure is authorized by the parent.

Malpratice is not likely at play in this scenario. Malpractice is where a psychiatrist violates a standard of care to his patient causing harm. However, defamation may be at play, as false information was published to a third party. Both the school and the doctor might be liable for defamation.

I agree that you should consult a local attorney for help on this issue. Please let me know if there is any other information I can provide.

Best Regards,
Zachary D. Norris
Customer: replied 3 years ago.
How can I get in contact with an appropriate lawyer regarding defamation? Is a defamation case something that is a case that can be won in court? The school did not have a release nor did the doctor to discuss my son because my son was not attending the school. The school was discussing my daughter for which a release was utilized for. The doctor discussed me and his perceptions of my parenting. So, if you have any attorneys who are willing to help me with this situation I would greatly appreciate it.
Expert:  TexLaw replied 3 years ago.
A defamation case is absolutely something you can resolve through a court claim. At the very least you can go about getting the school district to take the comments about you off the public record.

There may be other causes of action which are not readily apparent to me that a local attorney assessing your case live will be able to address.

You need to talk to talk to several attorneys and find one that you fill fits your case the best. You need to look for "Plaintiff's attorneys" or "Trial attorneys". Do a google search with these phrases along with the name of your city. This will pull up attorneys who you should talk to.

Good luck with this,
Zachary D. Norris
Customer: replied 3 years ago.

In a Defamation case what would be some possible outcomes? You see in psychology wen a psychiatrist or a psychologist states that a person was or is and then utilizes a term that is making a diagnosis that is where he is out of his scope of practice which is against ethical codes and malpractice comes in. That is why I beleive I need to talk to a malpractice/trial attorney. If you have any suggestions please let me know.


Expert:  TexLaw replied 3 years ago.
I think perhaps you are correct. I'm going to opt out of this thread to allow another expert to take it from here who knows more about this area of malpractice than I do. Good luck and I hope you find a resolution.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina


    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions