I'd like to file a lawsuit

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I would like to file medical malpractice/disability discrimination lawsuit against my counselor, after I informed her about my Asperger's she dropped me and the counseling center refused to hire someone who a genuine background in ASD.

I found the ordeal deeply emotionally painful. the clinic clearly states they accommodate handicates and is a safe space.

At this time I have not found a lawyer to do this, but I feel for the future of ASD this lawsuit needs to be filed.

I don't have a whole lot of experience with lawsuits, I plan to find a lawyer via the yellowpages.

I know there is state court and federal court. I would prefer to file in federal court under ADA-federal disability act, with medical practice secondary,
rather than in state court. I would prefer a trial by jury. I prefer my attorney accepts a % of my winnings.

I hope my case gets cited by future attorneys that discriminating against Autism spectrum disorders in violation of Chapter 7 brings legal consequences.

a couple of sessions After I told my counselor I have ASD, and this is a counseling site that says "Safe Space" she said she could no longer see me due to her
PROFESSIONAL ETHICS. Her superior supported her decision, and they don't have anyone with expertise in ASD. They told me I'm on my own.

Unacceptable. Granted I' don't know what to expect from a lawsuit. I've seen the TV shows and I know it's a lot of depositions that are very time consuming and expensive.

I'm not sure if your counselor has broken the law, and I'm not sure they haven't. I don't think any given counselor or mental health clinic is required to treat all kinds of situations, but it's usually Borderline Personality Disorder patients that have a hard time finding someone to treat them. Did they diagnose the AS or did someone else. They may either choose not to deal with AS because it's outside of their area of expertise or perhaps it's because they disagree with the diagnosis and feel they can't help you.

Many lawyers will do a free consultation to give you an idea of your options. Call your regional bar association and get some names.

Good Luck!

Legally, a medical professional must be proficient in their area before they can undertake a task. Since your counseller does not have training in AS issues, she may have been aware of this. Had she given you bad advice, due to her lack of education on the subject, she could have left herself open to litigation.

Personally, it's been my experience that lack of expertise has not prevented many health professionals from making a 'stab' at a diagnosis/treatment plan, but technically your ex-counseller is right to put her hand up and admit she has no idea what to do for you.

The counselling service may not have the funds to employ as specialist in AS at the present, or it may not be cost effective as you might be the only one who would benefit.

I would recommend that you find another counseller, who specialises in AS, and forget launching a lawsuit. I could be wrong, but I don't think you have much of a case and the last thing you need is to have to foot a whole load of legal fees.

I agree with Kiley; get a free consultation if it will put your mind at rest, but be aware that to pursue this issue may cost more money and time than simply finding another source of counselling.

Discrimination and reasonable accommodation are two different things. If they had found any condition for which they were not adequately trained and gave inappropriate advice, they are legally liable. From what I've read, they did not discriminate against you - they were honest with you, and what they had to say was not what you wanted to hear.


M.

Tangerine, I understand that you feel excluded, but AS is not quite the same as homosexuality. Homosexuality is not a mental illness, and the treatment for any mental health problem for a homosexual person would be the same as that for a straight one.

There is a difference between not discriminating between patients (i.e. treating all people of all religions or sexual orientations) and not having the skills required to treat any patient with a particular illness (regardless of their religion or sexual orientation).

Like it or not, 'aspergers' is not widely considered a minority group by most professionals. It's considered a mental condition and thus treated as one.

Your counseller is treating you as if you had walked in with any other medical condition that fell outside her expertise, be it an MI, pneumonia or a kidney infection. It's not discriminating against People With Aspergers.

If there is no money or personnel available, then the accommodation becomes unreasonable. The most reasonable expectation you should have, in my opinion, is a prompt referral to someone who -can- help... not that they should be expected to have an expert on staff on each and every possible condition. Whether you file suit or not is up to you, but you should not go into it with false expectations of what the system provides.


M.