Marguerite Frances James, Petitioner v. Raymond M. Brown, M.d., Respondents

Summary

The Texas Supreme Court held that the psychiatrists' communications to the probate court were absolutely privileged from defamation liability, affirmed the summary judgments on false imprisonment and malicious prosecution, but reversed and remanded the summary judgment on negligent misdiagnosis‑medical malpractice, finding genuine issues of material fact. The Court explained that the Mental Health Code does not shield negligent physicians and that the duty of care is that of a reasonable specialist. Justice Wallace dissented, arguing that the libel claim should not have been dismissed because the plaintiff had raised the relevant facts.