Confidentiality, Privilege, and Tarasoff

Question 1

Confidentiality vs Privilege

Answer 1

Confidentiality is doc’s responsibility to keep info private
Privilege is pt’s right to keep info out of court unless waive or legal exception

Question 2

42 CFR Part 2

Answer 2

Particularly stringent protection for treatment records relating to drug/ETOH abuse, even if not primary dx

Question 3

2 Types of Confidentiality Exceptions

Answer 3

1. Permitted
2. Mandated

Question 4

5 Typical Actions Discharging Duty to Protect

Answer 4

1. Notifying intended victim(s)
2. Notifying LE
3. Voluntary hosp
4. Initializing invol hosp
5. Other reasonable steps

Question 5

Tarasoff Ext: Jablonski v. US (1983)

Answer 5

Failure to adequately warn known potential victim

Question 6

Tarasoff Ext: Lipari v. Sears, Roebuck (1980)

Answer 6

Danger to unidentifiable victims (public at large)

Question 7

Tarasoff Ext: Peterson v. Washington (1983)

Answer 7

Extension from intentional to negligently inflicted harm (something about driving)

Question 8

Tarasoff Ext: Naidu v. Laird (1988)

Answer 8

Negligence failing to foresee potential violence 5.5 months post d/c

Question 9

Tarasoff Ext: Peck v. Addison Co (1985)

Answer 9

Danger to property