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Therapeutic privilege is an exception to the general rule of informed consent, and only applies when disclosure of the information itself could pose serious and immediate harm to the patient, such as prompting suicidal behavior. [4] The current AMA Code of Medical Ethics rejects therapeutic privilege as a defence. It states: "Except in ...
Second, the proposed draft of the Federal Rules of Evidence included nine specific privileges, one of which was a psychotherapist-patient privilege. In the past, the Court had rejected an attempt to create a state legislative privilege within the Federal Rules of Evidence because that privilege was not included in the draft version of the Rules.
Confidentiality principle bolsters the therapeutic alliance, as it promotes an environment of trust. There are important exceptions to confidentiality, namely where it conflicts with the clinician's duty to warn or duty to protect. This includes instances of suicidal behavior or homicidal plans, child abuse, elder abuse and dependent adult abuse.
This article examines the vexing problem of determining when young or incompetent children in custody cases have the right to waive their therapist-patient privilege of confidentiality.
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient.
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician–patient privilege not to ...
Some argue that if clients cannot depend on confidentiality in all matters that are related in therapy, potentially dangerous clients, who may be most in need of psychological services, will avoid therapy, thus missing the opportunity for intervention. [12]
A corollary to the attorney–client privilege is the joint defense privilege, which is also called the common interest rule. [8] The common interest rule "serves to protect the confidentiality of communications passing from one party to another party where a joint defense or strategy has been decided upon and undertaken by the parties and ...