Expose v. Thad Wilderson & Associates, P.A.

Jerry Expose underwent therapy at Thad Wilderson & Associates, P.A. (the Clinic). During one of his therapy sessions with Nina Mattson, an unlicensed intern-therapist, Expose made statements that threatened serious injury to a particular individual. Mattson reported the threats, and a jury found Expose guilty of making terroristic threats. The court of appeals reversed, concluding that the therapist-client privilege prohibited Mattson from testifying about information she learned during Expose’s therapy sessions. Before appealing, Expose filed suit against the Clinic and Mattson (collectively, Appellants). The district court concluded that Appellants were immune from liability under the common law doctrine of absolute privilege. The court of appeals reversed on all issues except the immunity under the doctrine of absolute privilege as to the testimony from the criminal trial. The Supreme Court affirmed, holding (1) an unlicensed intern-therapist has no statutory duty to disclose to law enforcement information regarding a serious threat of physical violence made against an identifiable person; (2) the doctrine of absolute privilege does not shield the disclosures made by an unlicensed intern-therapist to law enforcement and to prosecutors; and (3) a consent form notifying a client of the client’s rights under the Minnesota Health Records Act does not authorize the release of the client’s medical records. View "Expose v. Thad Wilderson & Associates, P.A." on Justia Law