Plaintiff was a woman in her 20’s suffering from Attention Deficit Disorder. She sought the treatment of a Northern California psychotherapist. The female psychotherapist ended up in a sexual relationship with the plaintiff. When the psychotherapist’s husband found out about the sexual relationship, he entered the patient’s house with a gun, threatening to kill the plaintiff. He was arrested.
The defense denied the assault by the husband, and, though the psychotherapist admitted the sexual relationship with the patient, she blamed the patient for initiating the relationship. Further, the defense attempted to paint plaintiff as a woman who serially seduced heterosexual women.
Winer, Burritt & Scott, LLP, beat back these defenses by, first of all, emphasizing the law and standard of care which always places full responsibility for a sexual relationship between a patient and a psychotherapist on the psychotherapist.
Further, the firm, through investigation, uncovered physical evidence tending to indicate that there was an actual assault on plaintiff and that her life was in danger.
RESULT: $900,000 settlement on behalf of Plaintiff