a) Psychologist said in affidavits that husband abused wife and that was the reason she signed the agreements during the divorce. Husband sues the doctors.
b) Court said there is a privilege to claims arising out of communications made in judicial proceedings. The privilege extends beyond defamation.
c) If in a judicial proceeding, the expert is protected from private action outside the courtroom.
d) Some courts make a distinction between the cause of action against the expert by a party who hired the expert and the adverse party. Agreement between party and hiring an expert is contractual in some cases, and sometimes there are breach of contract claims.
(1) In Texas, see James v. Brown. Court held that doctor’s opinion expressed in court was immunized and any notes or documents he created which resulted in his opinion were immunized. But he was NOT immunized in his mis-diagnosis of patient before trial.
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