Q: A private emergency screener (licensed marriage and family therapist) willfully and knowingly misrepresented evidence.
An MRO negative follicle test was declared positive by the LMFT while under oath during testimony. The falsified evidence was then used as her primary pillar to further substantiate her claims that had no evidence resulting in disastrous and dangerous consequences on the custody case of my child. The DA has investigated the case and decided that the LMFT's actions did not rise to the level of criminal conduct or perjury, but did advise that I seek further legal help as there is likely a civil claim. Is this Medical Malpractice, if not what law category should I pursue?
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A:
Under California law, the situation you described may not fall strictly under medical malpractice, which typically involves negligence by a healthcare professional in the treatment of a patient. Instead, it appears to involve professional misconduct or intentional misrepresentation by the licensed marriage and family therapist (LMFT). This could be grounds for a civil lawsuit based on claims such as fraud, intentional infliction of emotional distress, or professional negligence.
Given the LMFT's false testimony and misrepresentation of evidence under oath, you may have a strong case for professional negligence or fraud. These actions could have directly influenced the custody decision, leading to harmful consequences. It's essential to gather all relevant documentation, including the testimony transcripts, the follicle test results, and any communications with the LMFT.
To proceed, you should consult with a civil attorney who has experience with professional misconduct or family law cases. They can provide specific legal advice and help you determine the best course of action to seek justice and protect your child's best interests.
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