Saur v. Probes

This medical malpractice case presents the issues whether a cause of action exists for a psychiatrist’s disclosure of privileged communications and, if such an action exists, whether the disclosures in this case were exempted by statute or justified on the ground of public policy.

Defendant, a psychiatrist, began private consultations with plaintiff in May 1988, with the last session taking place on September 28, 1988. Plaintiff’s wife, Nancy Saur, petitioned the Kent County Probate Court on September 30, 1988, to have plaintiff involuntarily hospitalized for psychiatric treatment. The court…