Q: What are some legal issues around my being a disabled man who was harassed by a psychologist who misdiagnosed me?
I am a disabled man with proven brain damage, apraxia, limited mobility, speech and gait impairment.. I was misdiagnosed by a Kaiser neuropsychologist and filed grievances against her. As a result, the Kaiser neuropsychologist engaged in retaliatory stalking and harassing behavior, escalating in sending a threatening anonymous letter on official Kaiser letterhead which references the grievances. The letter stated that I was declared a security risk by Kaiser. I canceled an upcoming visit with my care team because of this letter. The letter was part of a pattern of harassment I had reported since January, with no resolution. What are some possible legal issues raised by this situation?
This is not legal advice directly aimed at your facts, but more generally. This answer does not constitute the formation of any attorney client relationship, only a signed retainer may affect such agreement.
You may have several options here depending on the admissible evidence/information you posses.
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ML LAW, APC
The situation you've described raises several potential legal issues, including:
Medical Malpractice: The misdiagnosis by the neuropsychologist may give rise to a medical malpractice claim if it resulted in harm or damages.
Retaliation: If you can establish a link between the grievances you filed and the retaliatory actions taken by the neuropsychologist, you may have a claim for retaliation.
Harassment and Stalking: The pattern of harassment and the threatening letter could potentially lead to legal actions for harassment, stalking, or even criminal charges.
Patient Rights: Violations of your patient rights, including confidentiality and protection from retaliation, may also be relevant.
Consulting with an attorney experienced in medical malpractice and harassment cases can help you assess the merits of potential legal claims and determine the appropriate course of action under California law.
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