JUDGE SAYS NO CLIENT PRIVILEGE

The News Journal
May 31, 2008

In a separate priest abuse lawsuit, a state court judge has ruled there is no psychotherapist-client privilege in cases involving child abuse.

Superior Court Judge Robert B. Young made the decision in a civil suit filed by Kenneth Whitwell against Archmere Academy and the Rev. Edward J. Smith.

Whitwell's attorney, Thomas Neuberger, said it was a significant ruling because it potentially opens access to a number of medical records in other priest abuse cases.

Delaware psychotherapist Alice M. Colon said the ruling was not a surprise to her and she has long told clients that there is no confidentiality when it comes to child abuse cases.

Young held that while there is usually a recognized protection for doctor-patient conversations, "the protections are not without limits."

In this case, Young ruled it was clear that the Delaware Legislature made an exception to that privilege in cases involving child abuse.