PSYCHOLOGIST MALPRACTICE OR NEGLIGENCE: A $16,500,000.00 VERDICT!

The public relies on psychologists, psychiatrists and other mental health professionals to help at our most vulnerable times in life. Sometimes, however, this reliance becomes misplaced. No professional is perfect. Negligence does happen. Even boundary violations occur.

The national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors, provide capable, competent and experienced attorneys to handle psychologist malpractice or negligence claims, patient abuse allegations, and boundary violations --- all of which can have disastrous consequences on the patient.

"Above all, do no harm." (Hippocratic Oath, 400 B.C.)

$16,500,000 VERDICT: Psychology Malpractice or Negligence - Patient accuses psychologist of implanting memories of rape and abuse by satanic cult during treatment - Pain and suffering damages.

In this case, a woman sued her psychologist, and also her ex-husband who worked in the psychologist’s office, for implanting memories of abuse by a satanic cult during CO2 treatment (carbon dioxide treatment for panic attacks). The ex-husband settled. The defendant psychologist denied wrongdoing, insisting that the dangerous memories were "real" repressed ones.

The plaintiff sought treatment from the State College (Pennsylvania) office of the defendant, a licensed psychologist. The plaintiff’s husband was employed at that office at the time. For four years thereafter, the plaintiff underwent treatment including hypnosis and CO2 (carbon dioxide) therapy under the supervision of the defendant.

CO2 treatment involved having a mask placed over the plaintiff’s face while she breathed in oxygen and CO2 until unconscious. It was during the hypnosis and the CO2-induced unconsciousness that the plaintiff underwent her treatment by the doctor, in sessions lasting two to eight hours.

It was during this treatment, the plaintiff alleged, that the defendant implanted memories of satanic ritual abuse in her mind, as well as memories of sexual abuse at the hands of her family. The plaintiff began experiencing flashbacks and nightmares that the defendant asserted were "repressed memories."

After ceasing CO2 treatments for health reasons, the plaintiff began to doubt the authenticity of the flashbacks and their relationship with the treatment, and contacted the police.

The plaintiff filed suit in Center County, Pennsylvania for medical malpractice and negligent infliction of emotional distress, naming both the doctor and her ex-husband as defendants.

She sought recovery for mental anguish and other non-economic damages.

The defendant ex-husband settled with the plaintiff.

The defendant doctor’s counsel was provided by his insurer until six months prior to trial.

The defendant doctor refused to settle, dismissed the insurance attorney and represented himself pro se thereafter. The defendant also filed a $3 million against the plaintiff for defamation.

The plaintiff asserted that the defendant psychologist had a penchant for a theory of satanic cult abuse, multiple personality disorder and repressed memories. The defendant testified at trial to having had 11 prior patients who discussed under hypnosis claims similar to the plaintiff’s flashbacks. The plaintiff asserted that these "memories" were implanted by the doctor during therapy sessions. She described her treatment with the defendant, beginning with two hour "mega-sessions" of hypnosis, which in turn led to CO2 treatments, in which she breathed CO2 from a mask until losing consciousness. She underwent this treatment for three and a-half years, multiple times a day.

The plaintiff stated that she had a normal family life, asserting that the flashbacks were not genuine or recoverable memories. She further argued that she had been forced to undergo the experience of sexual assaults repeatedly during her hundreds of sessions with the doctor. She also cited the end of her marriage and alienation from her family due to the experience. Finally, the plaintiff asserted that she had suffered brain damage as a result of the extensive use of CO2.

Testifying for the plaintiff were Dr. Mary Margaret Hart, a psychologist, and Dr. Judy Zarit, a neuropsychologist, as well as the plaintiff’s treating physicians.

The defendant psychologist asserted at trial that the plaintiff had a long history of physical and emotional pain, and that she did suffer childhood abuse, including abuse based in a satanic cult in State College, Pennsylvania. The defendant called Kimberly June, a former State College therapist, who testified to having treated two separate patients for similar cult abuse in Center County.

Therapist June testified via telephone that the cult operated in the 1960s, and included doctors, police officers and a judge. Children were buried in coffins, animals were killed and young women impregnated, according to June. The defendant further argued that the woman failed to show any brain injuries resulting from the CO2 poisoning. He offered the alternate theory that the brain injuries were the result of cult abuse.

After a six day trial, the jury deliberated for four and a-half hours before returning a $16.5 million award for the plaintiff in redress for her emotional distress.

[www.jvra.com/verdict/article/18679/PsychologistMalpractice; "A Primer on Malpractice for Psychologists", Samuel Knapp, Professional Psychology, Vol. 11 (4), August 1980; www.medicalmalpractice.com/Resources/PsychologistMalpractice; www.psychologytoday.com/ Psychology Today/ The Raving Psychologist/ July 14, 2011]