Therapist-Client Privacy Privilege Defeated in Court
March 22nd, 2010
One of the most important issues to many peope within the field of therapy, and to many of their clients, is that of the therapist-client privacy privilege, which prevents records from being released and accords clients a degree of privacy when divulging potentially difficult things to their therapists. Recently, this privilege was challenged in the Tenth Circuit US Court of Appeals when a woman charging that the court should not have had access to her psychological records for a previous ruling was contradicted by a ruling which noted that when plaintiffs bring their medical history and condition into a court case, they effectively waive their privacy. The case may set an important precedent for future disputes.
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Comments
What?!? That’s insane. This privilege should never be overthrown.
I have to say,it was not too great that this ruling was made because no matter what,the privacy should never be overthrown and this will cause a lot of agony to people who are at the recieving end of such cases…people who went to a therapist due to a problem in the first place!
What kind of precedent does this start? Nothing is sacred anymore.
the purpose of the ruling is this: if you are claiming a physical injury, then your medical records are used to substantiate your claim. If you are claiming “mental health” issues as a personal injury, then your mental health records are used to substantiate your claim. If your records cannot be reviewed, then how can your damages be assessed?
So, if you are claiming a mental health issue for a specific injury, then go to a therapist and only talk about the impact that injury has had on your life, and nothing else. Then, after you win your case, go see a different therapist…one you really trust. Also, do not let anyone know that you are seeing a therapist. You are responsible for your own privacy.
If you don’t want your mental health records reviewed, then don’t make a mental health claim.
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