Summary:
Carbone Lawyers has achieved a large financial settlement for a woman after two psychologists provided negative reports on her mental state to her ex-husband’s legal team.
Case Details:
This case centres around the psychologists’ alleged unethical conduct in breaching confidentiality and their duty of care to a patient.
The woman and her husband initially sought help for their marriage troubles by attending counselling sessions with a psychologist. This psychologist was also providing individual therapy to the husband. Believing that a colleague might be better suited to address the couple’s marital issues, the psychologist referred them to another practitioner for marriage counselling.
Despite the counselling sessions, the couple eventually divorced and became embroiled in a battle in the Family Court. During the proceedings, the husband’s lawyers presented reports from both psychologists to bolster the husband’s case.
Documents obtained by Carbone Lawyers during the Discovery process—a legal procedure requiring all parties in a case to share relevant documents—revealed the psychologists had been asked to draft the reports with the specific intention of discrediting the woman and portraying her as an unfit mother.
The psychologists complied with this request, providing the ex-husband’s legal team with reports that cast doubt on the woman’s mental health. They described her as unstable and manic, effectively suggesting that she was unfit to care for her children. These reports, however, came at a significant ethical cost, as they involved a serious breach of patient confidentiality.
The psychologists’ decision to share private information from counselling sessions, particularly with the intent to influence a legal outcome, has raised serious questions about their professional conduct. The motivations behind their actions remain unclear, but their willingness to participate in such a scheme has led to significant legal consequences.
Acting on behalf of the woman, Carbone Lawyers issued legal proceedings against both psychologists for breaching confidentiality and violating their duty of care.
Outcome:
A settlement was reached one day before the matter was due to go to trial. The woman received a settlement of more than half a million dollars, including legal costs.
*Details of this case have been altered or omitted to protect the identity of the parties.
