MacDonald v. Clinger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
We here consider whether a psychiatrist must respond in damages to his former patient for disclosure of personal information learned during the course of treatment and, if he must, on what theory of recovery the action may be maintained. We hold that such wrongful disclosure is a breach of the fiduciary duty of confidentiality and gives rise to a cause of action sounding in tort.
The complaint alleges that during two extended courses of treatment with defendant, a psychiatrist, plaintiff revealed intimate details about himself which defendant later divulged to…
2Cases cited23 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Hammonds v. Aetna Casualty & Surety CompanyDistrict Court, N.D. Ohio · 1965
- Karpinski v. IngrasciNew York Court of Appeals · 1971
- Clark Paper & Manufacturing Co. v. StenacherNew York Court of Appeals · 1923
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3Cited by91 opinions
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- Chizmar v. MacKieAlaska Supreme Court · 1995
- Moses v. McWilliamsSupreme Court of Pennsylvania · 1988
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