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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I am an Clinical social worker in NY. A while back I had a

Customer Question

I am an Clinical social worker in NY. A while back I had a disagreement with my father's new wife and I wrote her a very mean email in response to a mean email she sent me. In my email I said that she was being delusional and made the comment that "where I work we call that delusional paranoia" This was a few months ago. Today I received a letter from a lawyer on her behalf stating that my email had a "Purported Diagnosis" of her and that Because I shared the email with my sister I was also guilty of publicizing false information that violates professional standards and the legal rights of this woman. I am not sure if this is a legit claim, I was not diagnosing her I was just being mean. I am wondering if there is any merit to this claim and if I should contact a lawyer or how I should respond.
Submitted: 5 months ago.
Category: Legal
Expert:  LawTalk replied 5 months ago.
Good evening,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The attorney seems to be grasping at straws. While you may be a clinical social worker, you had not taken this woman on as a patient, you had not endeavored to diagnose any problem she has and your use of the term delusional paranoia was clearly not intended to be taken as a diagnosis, nor to be a statement of medical fact but was a derogatory opinion which was protected by your First Amendment rights of free speech. Sharing the letter with your sister did not constitute a professional standards violation---again, as she was not your patient at the time and you owed her no such ethical duty. Unless the attorney demanded anything of you or threatened suit, I see little to be gained by you retaining an attorney at this point in time. I certainly don't see any obvious merit to the allegation. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 5 months ago.
Good evening,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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