Therapist Report in Compensation claim - Conflict of Interest??

Discussion in 'Other/General Law Forum' started by Chris Rigaz, 28 February 2019.

  1. Chris Rigaz

    Chris Rigaz Member

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    In a criminal injuries compensation claim :
    -victim had been previously diagnosed with PTSD for a trauma experienced 1 year prior
    -victim had been seeing a particular therapist regularly to help with her PTSD (therepy sessions have been at the expense of the victim who is struggling to pay for them)
    -victim was involved in an incident & she is applying for criminal injuries compensation
    -victims PTSD was apparently 'worsened' by this incident and would like compensation to cover costs of all future therapy (also noted is that it says 'either cash payment or to be held and disbursed as required for therapy payments')
    -the victim used the therapist she has been receiving therapy from for the past year to give a mental assessment at the criminal injuries hearing.
    -if the victim is awarded compensation, then the money will be spent on the therapist who provided the victims mental assessment that contributed towards the compensation ruling.
    -victim now has $75000 to spend on therepy and other etc
    - other than the therapists opinion, there are no other indications of a worsening of her PTSD - there are even indications of a major improvement since the time of the offence that she is claiming compensation for.

    Surely this is a conflict of interest and this particular therapist should not be able to submit her findings that contribute to or influence an outcome that will benifit herself financially?
     
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