Child Psychologist Can Be Sued for Death of Child

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7/16/2010
Jim Dodson
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A decision by a Florida Court of Appeals on June 2, 2010 found that a psychologist who was treating minor children could be sued for wrongful death under a theroy that the psychologist knew or should have known the children were being abused by their mother and that knowledge created a duty to warn the children's father or appropriate authorities of such abuse.

The complaint alleged the failure of the psychologist to warn the father or authorities resulted in one child ultimately being killed by the mother. This is apparently, a groundbreaking decision in Florida because there was no case establishing a duty on the part of a psychologist under these conditions, to warn a parent of a potential threat by the custodial parent based on information the psychologist learned while counseling the minor children.

Seeking the advice of an experienced Florida injury and wrongful death lawyer is an important first step in the process of holding a wrongdoer in any death case accountable. Florida's wrongful death law governs claims for the loss of a child. There is a shortened period of time within which death cases must be filed, normally within two years. The law requires that an estate be opened in the Probate Court and a personal representative be appointed by the court to pursue recovery on behalf of the estate and each survivor. The legal process is complicated and requires the skill of a qualified injury attorney.
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