Consumer Law, Warranties Sue MFT whose OTL

[gvscott]

We stipulated in Jan 05 to have this MFT (Marriage Family therapist) do a custody evaluation. After 2 months of not responding to atty letters reminding of upcoming court date on 4-22 she faxes letter saying she hurt her back and needs a continuance to finish eval. which she hasn't even started. We go to court get continuance (I pay more $$). 1st appt. she cuts me & hubby short cuz her back hurts, says she'll make it up next appt. 2nd appt. (2 wks later) she cancels (says she's in court) after I take off day at work and drive 6 hours (over 300 miles) to appt. Says she'll have to finish it all up the following day. Next day, after hubby flies into town (takes day off-more $$ lost) she says she has plumbing problems and threatens to cancel again. We wait 3 1/2 hours and she shows up and sees only me & child (totally blows off hubby's appt.) for approx 1 hour 20 min and observes us playing cards for approx. 1 hour. Says that's it for today, you can come in an hour early next appt. and we''ll finish up. My atty advises that I am stuck w/MFT because it would take too much time to get rid of her & by the time I get new Evaluator summer will be over & child in school. I need to know if I can sue this incompetent woman (she's cost approx $5,000 not counting my time & mental stress) and she's either on drugs or having personal problems? I need to know what my options are. Please help!!