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Landmark Cases

Case Name: Jane DOE
v. Joan ROE, M.D. & Peter POE, Ph.D.

Date, Location, Cite: 1977 NY
400 NY Superintendent 2d 668
none (but NY calls Circuit Court Supreme)

Roe was a psychiatrist, her husband a psychologist, Treated Doe; 8 yrs later published book with details of their lives. Sold 220 copies. Defendants said Doe gave oral consent. NY has specific Statute saying Dr can't disclose anything.

Court gave damages & injunction to stop sale, said oral consent was no good. Dr. has implied covenant to keep confidence. This is not a free speech issue; the book was already published. Defendant failed to show scientific value to override injunction.

Would probably get the same verdict without specific law due to Hippocratic. Oath. No effort was made to pursue malpractice complaint by Plaintiff. Would Professional Liability cover??