# Bird v. W.C.W. > Texas Supreme Court · January 5, 1994 · 37 Tex. Sup. Ct. J. 329 URL: https://www.frixlaw.com/law-library/cases/9674231 ## Case - **Full name:** Esther BIRD and Kenneth Wetcher, M.D., P.A., and Associates, Petitioners, v. W.C.W., Respondent - **Court:** Texas Supreme Court - **Decided:** January 5, 1994 - **Citations:** 37 Tex. Sup. Ct. J. 329; 868 S.W.2d 767; 62 U.S.L.W. 2515; 1994 Tex. LEXIS 13; 1994 WL 1929 - **Precedential status:** Published - **Opinion:** Concurrence by Cornyn - **Judges:** Enoch, Gammage, Cornyn, Phillips, Gonzalez, Hightower, Hecht, Doggett, Spector - **Cited by:** 251 later opinions in the Frix Law Library ## Citator (automated) - **Yellow flag:** Disagreed with by ALTHAUS BY ALTHAUS v. Cohen, 1998 Pa. Super. LEXIS 631 (1998). - Negative treatments: 1 - Distinguished by: 1 - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9674231 ## How later opinions describe it (automated extraction) - holding that a psychologist who mistakenly concluded that a child had been molested by her father did not owe a duty to the third party father, who had been criminally charged as a result, in part because of the absence of a physician-patient relationship, even though it was f… - recognizing the foreseeable harm to a parent who was accused of sexual abuse due to allegedly negligent mental health treatment provided to the child, though ultimately concluding that the mental health professional still did not owe a duty of care to the parent - holding that a mental health professional had no physician-patient relationship with her patient’s father and-therefore owed no duty to the father not to negligently misdiagnose the condition of the child - acknowledging harm to a parent accused of sexual abuse is foreseeable but holding foreseeability is not alone a sufficient basis for creating a new duty; court ultimately held mental health care practitioner owes no duty to parent not to negligently misdiagnose condition of ch… - noting applicability of Family Code immunity provisions in similar case against psychologists and stating that “mental health professionals should be allowed to exercise their professional judgment in diagnosing sexual abuse of a child without the judicial imposition of a coun… ## Opinion text CORNYN, Justice, joined by SPECTOR, J., concurs with the judgment. I join the Court’s judgment solely for the reason that I agree that Bird’s statement, made during the course of judicial proceedings, was privileged. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674231. Public record. Not legal advice.