Bird v. W.C.W
In Bird v. W.C.W., 868 S.W.2d 767 (Tex. 1994), the father had custody of his son. For a period of time the father left the son in the temporary custody of maternal grandmother while father was moving to Florida. While son was staying with grandmother he allegedly indicated to his mother that father had sexually assaulted him.
A criminal investigation resulted and mother had son evaluated by Bird, a psychologist. After her investigation, Bird submitted an affidavit stating that it was her conclusion that son had been sexually abused by his father.
Criminal charges were brought as was a civil action by mother to modify custody. The criminal charges and civil claims were ultimately dismissed and father regained custody. Father then sued Bird, the psychologist.
The Texas Supreme Court held that as a matter of law, there is no professional duty running from a psychologist to a third party to not negligently misdiagnose a child's condition.