Therapist Violated Sons Confidentiality Rights by talking in court. Do we have a Legal Case and chance to win in a law suit?

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Therapist came to court 3 different times July 2014, August 2014, Nov 2014 My son was suppose to be appointed a Lawyer (judge ask twice July and August 2014 that the GAL office appoint him a lawyer) finally the Judge got fed up in Nov and in Dec 2014 she appointed him a lawyer we came back to court in Jan 2015 and His Lawyer told everyone in the court room that he explained to him his Confidentiality rights and he told his lawyer HE DIDNT want to waive them (meaning he didnt want his Therapist to come talk about what they talked about in her sessions) His Lawyer went on to say That He (my sons lawyer) feels My sons Privacy Rights have already been violated as the court has already let her come and talk 3 different times and NO ONE questioned did my son waive his rights for her to talk.

Attorney Answers

2
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
You don't indicate the context in which this occurred. Also, it is your son's right to assert, so your son would have to pursue this through an appropriate guardian or next friend, which may or may not be you, depending, again, on the context. This issue is a little too complicated for you to really get a good answer on this website. I would start by talking to your child's court appointed lawyer, to see how much the lawyer can discuss with you and what recommendations that individual can make.
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Mark Theodore TischhauserLitigation LawyerTampa, FL ·
First, this is obviously a very complicated issue that sounds like a dependency hearing or family court case of some sort. There are many contexts in which this is viewed against, and the first is whether a 9 y/o is competent to waive or assert such rights to begin with, the capacity of the therapist and natue of the statements. Raising objections to or striking the testimony is different from suing for disclosure, as most everything said in court is is subject to an absolute immunity from civil suit. Without more details and some significant harm other than a techinical privacy violation, the remedy may well be limited to filing complaints with the applicable licensure board or court sanctions.
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