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.