Smith v. Robinson

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In this case presenting the question of whether a treating therapist owes a duty of reasonable care to a nonpatient parent when treating that parent’s child for potential allegations of sexual abuse, the Supreme Court remanded this case for proceedings consistent with its opinion in Mower v. Baird, __ P.3d __ (Utah 2018), a companion case also decided today.As a result of the actions of Kayelyn Robinson, a therapist who treated Plaintiff’s child, Rocio Smith lost visitation with her children for several years and “endured personal defamation, lost income and employment, and incurred enormous legal expenses.” Smith filed suit against Robinson for malpractice and negligent infliction of emotional distress. The district court granted Robinson’s motion to dismiss the malpractice and negligent infliction of emotional distress claims. Smith appealed the district court’s decision on her malpractice claim. The Supreme Court reversed and remanded the case for the district court to conduct proceedings consistent with its opinion in Mower. View "Smith v. Robinson" on Justia Law