Manorville, NY asked in Employment Law, Health Care Law and Personal Injury for New York

Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went

out together and now he is suing me for inappropriate contact. Does the fact that he came into a place where I was working mean that I can no longer be his friend?

2 Lawyer Answers
Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Lawyer up.... Happy to assist if you want to email me.

Aubrey Claudius Galloway agrees with this answer

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Health Care Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: No.

But to fully answer your question I will need more details. However, briefly, your last sentence is likely not an issue. For him to establish a claim for medical malpractice, or negligence in general, he must prove four things.

1. The you owed him a DUTY of care up to the level of your colleagues;

2. That you breached (broke) that duty of care and;

3. CAUSATION- Meaning that your mistake, (and there doesn't appear to be one from your facts) CAUSED;

4. DAMAGES- Which, from your facts indicate there were none.

Thus he, at most can prove you had a duty of care, and perhaps that u breached it...but if it not result in real economic damages to him, he has no case (except maybe for a HIPAA violation, but that is not a basis for an independent cause of action).

Thus, I would hire an attorney with expertise in this area, and, to save you money, one who provides unteathered legal services, to write your answer and ultimately make a motion to dismiss - then move to have your legal fees paid by him as the lawsuit is egregious.

I would be happy to speak to you for a free consultation if you would like… You may call me at 914–912–1555.

But, from the limited facts above, it appears he does not have illegally cognizable cause of action, and there are two or three different grounds to dismiss his complaint.

Hope that helps,

Aubrey C. Galloway III, Esq.

Trial partner

Medical Malpractice Management LLC

2 Overhill Road, Suite 400

Scarsdale NY, 10583

914-912-1555

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