Russell v. Adams

482 S.E.2d 30, 125 N.C. App. 637, 1997 N.C. App. LEXIS 225
CourtCourt of Appeals of North Carolina
DecidedMarch 18, 1997
DocketCOA96-534
StatusPublished
Cited by16 cases

This text of 482 S.E.2d 30 (Russell v. Adams) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. Adams, 482 S.E.2d 30, 125 N.C. App. 637, 1997 N.C. App. LEXIS 225 (N.C. Ct. App. 1997).

Opinions

GREENE, Judge.

Anne Russell (plaintiff) appeals the dismissal pursuant to N.C. Gen Stat. § 1A, Rule 12(b)(6) (1996) of her complaint which alleged that Dr. Donald Adams (Dr. Adams), a licensed psychologist in North Carolina, had committed medical malpractice, negligently and intentionally inflicted emotional distress, and made slanderous statements which caused the plaintiff to be ostracized from her daughter, Betsy Johnson (Ms. Johnson).

The relevant allegations of the complaint, filed on 12 September 1995, show that in 1989 Ms. Johnson sought the services of Dr. Adams. In April of 1989 Ms. Johnson told plaintiff that Dr. Adams had told her, during his treatment of her, that plaintiff was mentally ill with a borderline personality and in need of extensive psychotherapy. Dr. Adams recommended that Ms. Johnson sever all ties with plaintiff. The relationship between plaintiff and Ms. Johnson deteriorated during the professional relationship Ms. Johnson had with Dr. Adams. In June of 1989 Ms. Johnson told plaintiff that she was not to attempt to visit with her (Ms. Johnson’s) child. Ms. Johnson threatened to kill plaintiff and rejected all of plaintiff’s efforts to continue a loving relationship, “justifying these actions with the [purported] ‘diagnosis’ of [639]*639Dr. Adams that [plaintiff] is a ‘borderline personality’ who has abused” her. On 8 September 1992 Dr. Adams informed James Alfred Miller (Miller), plaintiffs father, that she suffers from a mental illness known as borderline personality. On 2 November 1994 Miller related this information to plaintiff. The plaintiff “does not have a borderline personality” and is not “mentally unstable” and has never been a patient of Dr. Adams.

The issues presented are whether: (I) there is a requirement of a physician-patient relationship in order to state a claim for medical malpractice against a psychologist in North Carolina; and (II) the claims for infliction of emotional distress are barred by the statute of limitations.

“A motion to dismiss for failure to state a claim upon which relief may be granted under [N.C.G.S. § 1A-1, Rule 12(b)(6) (1990)] is addressed to whether the facts alleged in the complaint, when viewed in the light most favorable to the plaintiffs, give rise to a claim for relief on any theory.” Ford v. Peaches Entertainment Corp., 83 N.C. App. 155, 156, 349 S.E.2d 82, 83 (1986), cert. denied, 318 N.C. 694, 351 S.E.2d 746 (1987).

I

“It is well settled that the relationship of physician to patient must be established as a prerequisite to an actionable claim for medical malpractice.” Easter v. Lexington Memorial Hosp., 303 N.C. 303, 305-06, 278 S.E.2d 253, 255 (1981); Childers v. Frye, 201 N.C. 42, 45, 158 S.E.2d 744, 746 (1931); see Mozingo v. Pitt County Memorial Hosp., 331 N.C. 182, 189, 415 S.E.2d 341, 345 (1992) (physician supervising resident actually treating patient “may be held accountable” to patient). In this case there are no allegations, when considered in the light most favorable to the plaintiff, that the plaintiff had a relationship of patient-physician with Dr. Adams.

The plaintiff nonetheless argues that privity is “not a requirement for a claim of malpractice against a psychologist” because they have the “ability to render” and often do render “unsolicited psychological” opinions about persons they are not treating in an effort to assist the person they are treating. In rendering these opinions, the plaintiff contends, the Code of Ethics of Psychologists and the North Carolina Psychology Act (Chapter 90, Article 18A) require the psychologist to avoid misrepresentations that may mislead or exploit persons other than the patient. See N.C.G.S. § 90-270.15(a)(4) (1993) (allowing revo[640]*640cation of license of psychologist for any “misrepresentation upon the public”); Principle E: Ethical Principles of Psychologists and Code of Conduct, Amer. Psychologist, Dec. 1992 (psychologists must weigh the welfare of “affected persons”).

We reject plaintiff’s argument. Psychologists, like the other “health care provider[s]” listed in section 90-21.11, are liable in medical malpractice only to their patients. We are aware that the treatment of the emotional problems of the patient may, in some instances, have adverse consequences on the patient’s relationship with others. We understand that the opinions of the psychologist, if communicated to third parties, may have adverse consequences on those third parties. It does not follow, however, that the affected third party should have a cause of action for malpractice against the health care provider. Health care providers must “be free to recommend a course of treatment and act on the patient’s response to the recommendation free from the possibility that someone other than the patient might complain in the future.” Lindgren v. Moore, 907 F. Supp. 1183, 1189 (N.D.Ill. 1995). In other words, “doctors should owe their duty to their patient and not to anyone else” so as not to compromise this primary duty. Id. Furthermore, the plaintiff’s reliance on N.C. Gen. Stat. § 90-270.15 and the Ethical Code is misplaced. Section 90-270.15 sets out the licensing requirements for a psychologist and those standards are not relevant to the standard of care required of a psychologist in a medical malpractice action. See In re Dailey v. North Carolina State Bd. of Dental Examiners, 309 N.C. 710, 722, 309 S.E.2d 219, 226 (1983). The code of ethics for psychologists, before it can serve as a source for legal rules, must be accepted as a legal standard. See McGee v. Eubanks, 77 N.C. App. 369, 374, 335 S.E.2d 178, 182 (1985). There is nothing in this record, nor does the plaintiff cite any authority, supporting the concept that the code of ethics has been accepted as the legal standard for evaluating the duty of care required of psychologists. Accordingly, the trial court correctly dismissed plaintiff’s medical malpractice claim.

II

Dr. Adams argues that the plaintiff’s emotional distress claims are barred by the statute of limitation. We disagree.

Causes of action for emotional distress, both intentional and negligent, are governed by the three-year statute of limitation provisions of N.C. Gen. Stat. § 1-52(5) (1996). King v. Cape Fear Memorial Hosp., 96 N.C. App. 338, 341, 385 S.E.2d 812, 814 (1989). Because [641]*641severe emotional distress is an essential element of both negligent and intentional emotional distress claims, Waddle v. Sparks, 331 N.C. 73, 82-83, 414 S.E.2d 22, 27 (1992), the three-year period of time for these claims does not begin to run (accrue) until the “conduct of the defendant causes extreme emotional distress.” Bryant v. Thalhimer Brothers, Inc., 113 N.C. App. 1, 12, 437 S.E.2d 519, 525 (1993), cert. denied, 336 N.C. 71, 445 S.E.2d 29 (1994).

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Russell v. Adams
482 S.E.2d 30 (Court of Appeals of North Carolina, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
482 S.E.2d 30, 125 N.C. App. 637, 1997 N.C. App. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-adams-ncctapp-1997.