Opinion

Watts v. Cumberland County Hospital System, Inc.

  • 75 N.C. App. 1
  • 330 S.E.2d 242
  • 1985 N.C. App. LEXIS 3577
Court
Court of Appeals of North Carolina
Filed
Jun 4, 1985
Status
Published
Author
Wells
On the bench
Whichard, Wells, Becton
Cited by
47 cases

Reversed in part, on other grounds by Watts v. Cumberland County Hospital System, Inc., 317 N.C. 321 (1986)

psychiatrist had duty not to disclose confidential information

How later courts described this case

  • psychiatrist had duty not to disclose confidential information
  • “Since plaintiff’s claim is one for malpractice arising out of the performance of professional services, the applicable statute is [N.C. Gen. Stat. §] 1-15(c) rather than [N.C. Gen. Stat. §] 1-52 as [the defendant] alleges.”
  • action for physicians’ unauthorized disclosure should be characterized as an action for medical malpractice
  • fiduciary relationship exists between psychiatrist and patient

Written by the judges who cited it.

The opinion

*23 Judge Wells

concurring in part and dissenting in part.

I concur with that part of the majority opinion which recognizes that plaintiff s breach of fiduciary duty claim constitutes a malpractice claim and that summary judgment for defendant Hall was improvidently granted on that claim.

I also concur that summary judgment was improvidently granted for defendant Hall on plaintiffs malpractice (negligent and improper counseling) claim.

I dissent from that part of the majority opinion which holds that plaintiff has stated, or can support, a separate claim for fraudulent concealment against defendant Hall. Relying on much of the same reasoning used by the majority with respect to plaintiff s “breach of fiduciary duty” claim, it is my opinion that plaintiffs fraudulent concealment claim is but another aspect or dimension of her malpractice claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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