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I am a patient with a mental health facility in the state of…

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I am a patient with...
I am a patient with a mental health facility in the state of Mississippi. I am being seen & medicated due to a past employment problems similar except then I wasn't the victim, it was girls I hire and by the Chiropractor we worked for, I have not been able to work for the past 11 yrs. since that happened...more details if even needed. The easiest way to do this is I typed out a statement for the Simpson Co, Sherriff's Dept. Just in case an Attorney advices me to due so. I will copy & paste the statement already explaining all ecept the discussions with 1 of the main Directors who called me from the main office in Brandon,MS which he several calls from him concerning the problem.
Please find pasted copy. I don't know exactly how or who to can help me follow this all the way through in order to help stop this stuff. Thank you in advance.
June 21,2210

To Whom It May Concern,

I Elizabeth Cheryl Modjeski, here by am writing this Statement for Leagal purposes. To provide the Simpson Co. Sherriff's Office with my statement in writting reguarding a sexual harrassment inncodent that happened to me by a staff member by the name of Steve (last name unknown) at Region 8 Mental Health Clinic in Mendenhall,MS., on my appointment date of Tuesday May 25,2010 at 11:00 a.m..

I was called back by Steve for weigh in and BP check, which is done before seeing the Nurse Practitioner for medication consult and prescriptions. The first thing was the scales & I was excited because I had finally started losing some weight then Steve said yah, your looking good, I thanked him, sat in the chair for BP check. He asked me about my meds. if they were working okay. Then we got up to leave his office when he said I meant it when I said you were looking good, I thanked him again & gave him a small patting on the back hug. I turned to walk out when he tugged on the back bottom part of my shirt, I looked around & he said Cheryl, I'm serious..as we went out his door and started down the hallway to the second waiting room he said I'd really like to start seeing you. By this time we're at the second waiting room & he asked me if I would see him and to call him. I held up my left hand to show him my wedding ring and said to him, Steve I'm married.
He then held up his left hand with his wedding band and said so am I...so what. I just looked at him, and he told me to think about it and call him up there at his work. He walked out & a few mins. he's back at the doorway leaning in a said..I'll just tell you, my wife has absolutely no interest in sex any more but I do. He stepped back out then came back a few minutes later again then asked me if I could get rid of my brother, who took me to my appointment. I just looked at him & said that's my brother. He said again, just really think hard about it and call me. Then left out again retuning in a few more mins. and told me the only time he would have is during his lunch hour but it would be a very fun lunch hour, told me to think about it and call him. He left once more & I decided to see what was taking the NP so long because I knew Steve would just keep coming back there hounding me. The NP was talking with a man across from Steve's office..Steve came out & said oh, he hasn't seen you yet. The NP spoke up and said he'd be right there as Steve was esscorting back down the hall telling to again to call him. I just didn't set back down in the room, I stood in the hallway just a few short minutes when The NP. had me come into his office. Spoke to me about my med., wrote my RX's. & asked my if I wanted to schedule for 1 2 or 3 months. Well, I chose the 3 months after what had just happened with Steve, I needed the three month one in order to put off as long as I could. I was just stunned and needed to get out of there. Well, I get up to the appointment window which is right by Steve's office and he got my attention and again told me to give him a call. I left out shaking like a leaf & told my brother he just wouldn't believe what had just happened & he just needed to get me out of there & I'd tell him when we got away from there. I did call Region 8 the next morning May 26,2010 at 8:00a.m., and made arrangment to go straight up there to Supervisors & reported him. Which I did.

__________________________

Elizabeth Cheryl Modjeski
Submitted: 8 years ago.Category: Employment Law
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Answered in 20 minutes by:
6/22/2010
Employment Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,876
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified
Good morning,

I'm sorry to hear of your dilemma.

Can you be a bit more specific about what it is you need to know. Your legal question is not evident from your statement of facts. Thanks,

Doug
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Customer reply replied 8 years ago

is not for an Employment.. I am a patient. I am sorry if I cunfused you and didn't add my question.

 

After I turned him in and this being a State funded facility are they held leagally responsable to file a report with a State Mental Health Board or any other intity?

Also, under which type of sexual harassment do I file?

Employment Lawyer: LawTalk, Attorney replied 8 years ago
Good morning Elizabeth,

I'm very sorry for what you have gone through.

I'm afraid that sexual harassment laws, as set forth by both the federal government and the state, only apply as between employer and employee. There is no specific sexual harassment law which protects patients from advances by their doctors or health care workers. It is not unlawful, or criminal, for a staff member of a clinic to "come on to you", I'm afraid----however, I'm sure that the clinic would not tolerate such acts by their staff toward the clinic's patients.

You will need to file a formal complaint with the Mental Health Clinic against Steve and allow the clinic to investigate Steve and to discipline him for his unprofessional behavior. To the extent that you have already made a verbal complaint to Steve's supervisor, you might consider following that up with a written complaint as well. That way there is less chance that the incident will be swept up under the rug, so to speak.

The fact that the clinic is state funded does not mean that there must be a report filed with the state Mental Health Board. However, you might also consider filing a duplicate complaint with the Mental Health Board against both the clinic and Steve. It is not necessary that you know his last name as his identity will likely appear in your patient chart.

Finally, if your physician determines that Steve's actions exacerbated your medical condition, you may have a meritorious claim for Intentional Infliction of Emotional Distress against him. This might best be taken to Small Claims Court if you choose to file a lawsuit against him.

I wish you the best in your future.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,876
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
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Customer reply replied 8 years ago

Doug,

Thank you so very much. You have given me much needed answers I need so as you said, as not to get swept under the rug...That is my main objective. Had not even thought about createing a paper trail,

Thank you again Doug.

Cheryl

Employment Lawyer: LawTalk, Attorney replied 8 years ago
My pleasure, Cheryl. Thank you kindly for your Accept---it is much appreciated. Have a great week ahead!

Doug
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