Psychiatric Malpractice

Confidential RECOVERY – Psychiatric Malpractice – Negligence occurs in 1970s – Condition of Alexithymia allegedly precludes plaintiff from ascertaining potential fault of defendant – Case settles prior to hearing on motion to dismiss for failure to file within Statute of Limitations.

Monmouth County

The female plaintiff in her early 40s at the time of the recovery had been treated for depression by the defendant psychiatrist from 1970-1973. The plaintiff contended that the defendant took advantage of the patient’s dependency, isolating her and improperly coercing her into undergoing several injections of Sodium Pentothal, which created a hypnotic state. The plaintiff could not describe any untoward events that occurred during such states. The plaintiff also contended that the defendant took advantage of her by advising her to partially disrobe on several occasions and by conducting an internal examination, advising her that he could thereby determine if she were pregnant. The plaintiff contended that she suffered an aggravation of her depression and a post-traumatic stress disorder, which caused heightened anxiety and depression.

The defendant had no recollection of the plaintiff. The defendant also contended that the action should be barred by the Statue of Limitations. The plaintiff’s currently treating psychiatrist contended that the plaintiff suffered from a psychiatric condition known as Alexithymia, which entailed a predisposition to blame oneself for injuries caused by others. The psychiatrist contended that the condition was very significant and prevented the plaintiff from realizing that the defendant, whom she had idolized, had harmed her until shortly before the action was brought.

The plaintiff maintained that although improved, she will permanently suffer the effects of the aggravation to some degree. The case settled prior to the hearing on the motion to dismiss for Confidential.

Reference

Plaintiff’s expert/treating psychiatrist: Robert Bransfield from Middletown. Plaintiff’s expert psychiatrist on deviation: Pamela Moss from Princeton.

Docket no. L-6189-92; Judge Mark Sullivan, Jr., 12-96.

Attorney for plaintiff: Frank S. Gaudio of The Law Office of Miller & Gaudio PC in Red Bank.