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In 'repressed memory' case, Wisconsin court sets privilege aside.

Publication: Trial
Publication Date: 01-OCT-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Wisconsin Supreme Court has ordered a hospital to hand a patient's medical records over to her parents, whom she has accused of physically and sexually abusing her. The court found that the woman's therapists may have negligently implanted the abuse memories as part of her "therapy" and that, on public policy grounds, her parents' right to clear their names trumped the doctor-patient privilege.

In an opinion by Justice Daniel Moeser, the court said its ruling will help "to identify negligent therapists, which can only work to protect future potential victims from such negligent therapy." (Johnson v. Rogers Mem'l Hosp., 700 N.W.2d 27 (Wis. 2005).)

"This opens the door to a new cause of action,"...

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