Florida/Georgia Personal Injury & Workers Compensation

...the interpreter as well); § 456.059, Fla. Stat. (2006) (providing the communications between a psychiatrist and patient are privileged); § 473.316, Fla. Stat. (2006) (providing that communications between an accountant and client are privileged); § 490.0147, Fla....

...child's violent tendencies. The child, upon release from care, killed his father. No question of the child's privilege under the statute was raised. In fact, one could argue that under the circumstances in O'Keefe the privilege is waived pursuant to section 490.0147(3) because there was a "clear and immediate probability of physical harm......

...nstruction of substantive law appears to be substantially at odds with the legislative text and purpose, we feel compelled to address the substantive charges. The initial charge was that the Licensee failed to protect the confidences of his patient. Section 490.0147(3) provides: “Any communication between any person licensed under this chapter and her or his patient or client shall be confidential....

...he patient or client, to other individuals, or to society and the person licensed under this chapter communicates the information only to the potential victim, appropriate family member, or law enforcement or other appropriate authorities.” [e.s.] § 490.0147(3), Fla. Stat. (2001). The term “appropriate family member” is not defined in section 490.0147, so we turn to other statutory provisions to flesh out its meaning....

...share responsibility for his child. The fact that the father now resides in another state is simply irrelevant to this issue. The record fails to support any conclusion that the father was not an “appropriate family member” within the meaning of section 490.0147(3)....

...We hasten to add that, in any case, there is absolutely no evidence that the Licensee disclosed any communication from his minor patient to the father. In fact the evidence shows that the only thing disclosed was the Licensee’s conclusion that the child was a danger to himself or others. Section 490.0147(3) does not purport to bar the disclosure of such conclusions; its terms bar only communications by the patient....

...order. There is no attempt to explain why the natural father of a child patient would not be an “appropriate family member” entitled to know that his child was in danger of hurting himself or others. DOH’s assertion that the Licensee violated section 490.0147 by telling the natural father that his minor son was in immediate danger is, quite frankly, preposterous....

...related statutes, but none of those amendments have imposed liability upon mental health providers who fail to communicate a threat to potential victims or law enforcement either. See § 394.4615, Fla. Stat. (2019) (service providers under the Baker Act); § 490.0147, Fla....

...deposition of Dr. Seidman, but the deposition was not made part of the record. 3 state, but only to the extent that it is not inconsistent with the acts of the legislature. See § 2.01, Fla. Stat. (2016). Section 490.0147, Florida Statutes (2012), provides that communications between a psychotherapist and patient are confidential, but the statute establishes circumstances where the privilege may be waived: Any communication between any person l...

...Therefore, the common law privilege must give way. See § 2.01, Fla. Stat. We hold that absolute immunity for communications during judicial proceedings does not provide immunity to a psychotherapist for revealing communications regarding a patient contrary to section 490.0147. There remains the question of whether Estape was a patient of Dr. Seidman, so that psychotherapist-patient confidentiality applies....