Marks v. Tenbrunsel

910 So. 2d 1255 (2005)

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Marks v. Tenbrunsel

Alabama Supreme Court
910 So. 2d 1255 (2005)

  • Written by Liz Nakamura, JD

Facts

David Marks (plaintiff) sought psychological treatment from Dr. Thomas Tenbrunsel (defendant). Prior to Marks’s treatment, Tenbrunsel told Marks that anything Marks disclosed during therapy would be kept confidential. Based on that assurance, Marks confessed to Tenbrunsel that he had molested two underage girls. Tenbrunsel reported the suspected child sexual abuse to child protective services (CPS). Marks faced criminal charges because of Tenbrunsel’s report. Marks sued Tenbrunsel for fraud and malpractice, arguing that Tenbrunsel violated physician-patient privilege by reporting Marks’s confession to CPS. Tenbrunsel moved to dismiss, arguing that he was immune from civil liability arising from the filing of the report because (1) he was a permissive reporter; and (2) the permissive-reporting statute repealed the physician-patient privilege statute by implication. The trial court granted Tenbrunsel’s motion to dismiss. Marks appealed.

Rule of Law

Issue

Holding and Reasoning (Lyons, J.)

Dissent (See, J.)

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