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Ask Maverick Your Own Question
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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I am trying to find an attorney who can help me sue a

Customer Question

I am trying to find an attorney who can help me sue a forensic psychologist who we hired for child custody matters for our son whos ex wife is married to a convicted child rapist. The psychologist said that they were safe and that he would not reoffend. Now 6 years later both Arthur. A Gannon and Heidi Gannon have both been convicted of the worst case of sexual abuse the state of NY has seen. this abuse has been going on since the girls were 4 years old they are now 15 & 16 years old ... what kind of attorney am I looking for? I have been hitting a brick wall with all malpractice attorneys.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Professional negligence cases against psychologists involve the same factors as all other negligence cases. You would be looking for a medical malpractice attorney to assist you with this as they are best suited to handle these types of claims even if psychologists are not required to have a medical degree and they do not prescribe medication.

Trying to find one may be tricky if the perception is that the psychologist is broke or there is no malpractice insurance policy in place. Also, a lawyer would need to be able to readily find another such expert to testify against the one that is at issue.

The main issue may be that of immunity protecting expert witnesses from liability. Most states follow the common law doctrine that provides absolute immunity in witness testimony. The U.S. Supreme Court had weighed into the matter in Briscoe v. Lahue, 460 U.S. 325 (1983), declaring that fact witnesses in criminal proceedings have immunity. The principle was expanded over time to cover expert witness testimony as well. Now a few states have created an exception and NY does not appear to be one of them as of yet if the expert was a friendly to your side in the proceedings.

I know this is not the answer you wanted to hear, but I am assuming that you are paying for a professional and honest answer.

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