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ALBERTS v. DEVINE

395 Mass. 59 (1985)

479 N.E.2d 113

WILLIAM E. ALBERTS vs. DONALD T. DEVINE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 4, 1985.

Attorney(s) appearing for the Case

Robert J. Doyle (Bruce V. Keary with him) for the plaintiff.

Florence E. Freeman for John E. Barclay.

Deborah S. Griffin & Ripley E. Hastings for Edward G. Carroll & another.

Jared H. Adams for Donald T. Devine.

Ann M. Gilmore, for Ad-Hoc Committee of Methodist Ministers on the Separation of Church and State, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

In this action, brought by William E. Alberts, a minister of the United Methodist Church, against Donald T. Devine, a psychiatrist, and Edward G. Carroll and John E. Barclay, two of the plaintiff's clerical superiors, we hold that: (1) unless faced with a serious danger to the patient or to others, a physician owes a patient a duty not to disclose without the patient's consent medical information about the patient gained in the course of the professional...

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