AAPL Landmark - Confidentiality and Privilege Flashcards
Board Study
What was the finding of In Re Lifschutz, 467 P.2D 557 (1970)?
The California Supreme Court found that the need for confidentiality in psychotherapy must be balanced with society’s need for determining the truth. They affirmed that the patient, not the therapist, had the right to privacy and, therefore, the exclusive ability to waive that right. So, a psychiatrist cannot assert privilege when the patient has waived that right by initiating a civil suit.
What was the finding of Doe v. Roe, 93. MISC. 2D 201 (1977)?
It violates patient privacy for physicians to publish treatment information without informed consent obtained during psychiatric treatment.
What was the ruling in Whalen v. Roe, 429 U.S. 589 (1977)?
The USSC decided that a state can constitutionally collect personal information about patients receiving prescriptions for narcotics. They reasoned that the NY Act addressed the constitutionally based “zone of privacy” and protected the rights and liberties guaranteed by the 14th Amendment.
What was the ruling of In Re Subpoena served upon Zuniga, 714, F.2D 632 (1983)?
The U.S. Court of Appeals for the Sixth Circuit held that a psychotherapist’s refusal to respond to a grand jury subpoena can result in a contempt ruling. The federal rules of evidence recognize psychotherapist-patient privilege, but not if the patient had waived the privilege or if there was limited disclosure of patient information.
What was the ruling of State v. Andring, 342 N.W.2D 128 (1984)?
Physician-patient privilege does extent to group therapy sessions
What was the ruling of Commonwelath v. Kobrin, 479 N.E.2D 674 (1985)?
The Supreme Court of Mass ruled that records with limited or “sanitized” records was sufficient to meet the subpoena for insurance fraud.
What was the ruling of Menendez v. Superior Court, 834 P.2D 786 (1992)?
The California Supreme Court ruled that the psychotherapist-patient privilege was not protected under the “dangerous person” exception. Specifically, that treatment records indicating information indicating a patient is dangerous could not be protected.
What was the ruling for Jaffee v. Redmond, 518 U.S.1 (1996)?
The USSC ruled that Federal Rule of Evidence 501 protects the conversations between a patient and their therapist from compelled disclosure, acknowledging that a “psychotherapist-patient privilege” exists.
