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Re: Anyone here made Legal Complaint Re T. I'm bout to » scentedgarden

Posted by mair on February 22, 2007, at 16:10:29

In reply to Anyone here made Legal Complaint Re T. I'm bout to, posted by scentedgarden on February 22, 2007, at 12:49:54

Your situation sounds awful and I understand the impulse to seek legal recourse but I agree with owc. Go first to whatever state board handles professional licensing. Even if you find an attorney who will take the case on some sort of contingent fee, lawsuits can be horribly draining and they have a way of dragging on interminably. And there would be an expense involved because you'd probably have to hire an expert witness (another T) who could testify that she breached the standard of care and that those breaches caused you harm. Both elements are important. I don't know where you live, but in lots of places it's difficult to find Ts willing to testify against other Ts. It's not just a matter of Ts wanting to take care of their own, it can just be an aversion to being involved with the legal system.

If you go to her licensing board, it doesn't foreclose you from bringing a lawsuit later on. And your case will be looked at by people who have some real background in this area and who are there, as arbiters, as a matter of choice. I hate to say this, but I think the reality is that once she's placed in a defensive posture, your ex-T is going to care much more about how other professionals view her actions than she is going to care about how her actions may have affected you. In an investigation by a state licensing board, the focus is far more intently on her actions, rather than your response. I think that will actually make things tougher for her and I think you'll get some resolution far more quickly.

mair


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