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Soumya K (Doctor)     17 July 2014

Depression and divorce

I am treating a patient suufering from depression. She is undergoing divorce, suffered lot of mental, emotional abuse from husband/in-laws too. But her depression is worsening due to the stress. He is trying to portray her as she was mentally ill and incapable always, but that is not the case. If it is proven that she had perfect mental helath before marriage, Is the husband held liable by the court for causing mentall illness to wife which didn't exist prior to marriage ? Also he must be guilty of defamation of her in the court too ? Thanks


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 4 Replies

stanley (Freedom)     17 July 2014

@ Author .

1. When it comes to divorce the party filing for it tries to portray the opponent in negative light. Since there are certain grounds for which it can be obtained and have to be proved .

2. Now you being a doctor would have to stand as a witness and prove that she was perfect before marriage and after marriage her menal illiness was cased by her husband / inlaws .

3. If you can prove the above than she can claim compensation from them .   

4. Once the allegations are proved as false she can file for defamation . 

5. But seeing her state what do you feel she can fight these cases all alone . 

6. By anyway have you fallen in love with your patient  :-) .

Tajobsindia (Senior Partner )     17 July 2014

1. Ninety percent of marriages where one person is bipolar ends up in divorce. Thus, check your patient past symptoms clinically.


2.
Nearly 60% of people who divorced during a recent clinical study and who had previously experienced depression reported another depressive episode after their split. This is compared to only 10% of people without a history of depression who reported post-divorce depression. That means that those who have a history of depression are more likely to experience a depressive episode after a divorce or during separation.


3.
It is very important for clinicians to know that a person’s history of depression is directly related to whether or not they will experience a depressive episode following the end of marriage.



4.
People with a history of depression who become divorced deserve special attention for support and counseling services.


You may like reading recent studies for improving quality of life for your patient!

https://www.psychologicalscience.org/index.php/news/releases/divorce-elevates-risk-for-depression-but-only-for-somepeople.html?utm_source=pressrelease&utm_medium= vocus&utm_ campaign=divorcedepression


https://cpx.sagepub.com/content/early/2013/08/13/2167702613498727.abstract


5.
Thus, what you say in your last two - three lines I differ, especially based on limited clinical assessment paras about your patient herein. I doubt husband can be held liable in this case, which takes us to para 1 which he will claim as his defense and can be proved easily too compared to your poor assessment of your patient herein!

T. Kalaiselvan, Advocate (Advocate)     18 July 2014

Dr. Soumya K: While appreciating your interest and  care for your patient in her well being, your above post appears that you are going beyond your profession and put yourself into an unnecessary controversy.  How do you think that you can prove your patient's good  mental health before her marriage and what is the evidence you possess that it was her husband and in laws responsible for her poor mental state after her marriage, can you clinically prove it? Further more, who has to fight the case on this ground, whether the affected person o ra third person?You are a third person to this matrimonial dispute and your interest in your patient is restricted to the treatment alone and not beyond that. You may depose your evidence as a witness before the court when summoned by the court and there also you cannot express your emotional support to your patient, you are required to give the details about your patient's treatment particulars alone, there is no room for emotional sentiments in the court.  Better not to venture on such delicate and complicated issues.

Soumya K (Doctor)     21 July 2014

Yes, I am going out of my way to help her a little, due to few below mentioned reasons:

1. She is a nurse in my hospital for last 8 years with very good work habit and performance record.

2. I doubt she has a crappy lawyer and should she think about changing the current one ? Because she asked him if she can file a defamation suit, due to her husband's spreading rumors to people who know them both like relatives and co-workers about her mental illnes, like she had been mentally ill even before marriage, causing her more grief, He said she shouldn't but prove his allegations wrong, By submitting medical history. He says defamation suit is unnecessary. Also puts the burden on her to prove she wasn't mentally ill. Husband claims that we doctors are helping her to hide her previous history.

She has perfect mental health, and her depression at present is due to the trauma she faced in marriage. It is PTSD or Post Traumatic Stress Disorder, with major symptom of depression. It is perfectly treatable. the lawyer is not co-operative about the defamation suit. How can we tackle the husband better ?

I have known her for years and her wellness is my concern. We live in an era where family doesn't always step in at times when we need help and it is perfectly alright to depend on your willing coworkers for the support. As mental health professionals we are very aware of the family dynamics of our patients and when needed we act as the secondary emotional support system the patient needs. We cannot be detatched from our patients like other doctors.

@TajobsIndia, If you cause Physical Injury (Physical Trauma) by accident or knowingly you are legally liable for the injuries suffered and also the treatment for the victim. Then why is that Law would not be applicable that he is liable for inducing an illness in the case of Mental Injury ?

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