Ethics, Guidelines, and Professional Issues

Question 1

*In re Lifschutz (1970)

Answer 1

A psychiatrist CANNOT assert privilege for information gathered in the course of treatment, when the patient has waived privilege

patient owns the privilege

Question 2

*Doe v. Roe (1977)

Answer 2

Patient confidentiality IS violated by the publication of information, without informed consent, obtained during psychiatric treatment (including in publications even if disguised identities)

Question 3

Whalen v. Roe (1977)

Answer 3

A state CAN constitutionally collect personal information about patients who are receiving prescriptions for narcotics

Question 4

In re Subpoena Served upon Zuniga (1983)

Answer 4

A psychotherapist’s refusal to respond to a grand jury subpoena CAN lead to a ruling of contempt

Question 5

State v. Andring (1984)

Answer 5

The scope of the physician–patient privilege DOES extend to group therapy

Question 6

*Commonwealth v. Kobrin (1985)

Answer 6

A limited set of records CAN be subpoenaed from a psychiatrist to investigate billing fraud

Question 7

*Menendez v. Superior Court (1992)

Answer 7

The psychotherapist–patient privilege DOES NOT apply to treatment records regarding dangerousness

The “dangerous person” exception requires that the psychotherapist have reasonable cause for belief of dangerousness.

Question 8

*Jaffee v. Redmond (1996)

Answer 8

Federal courts SHOULD identify a psychotherapist–patient privilege

“reason and experience,” the touchstones for acceptance of a privilege under Rule 501 of the Federal Rules of Evidence

Question 9

Natanson v. Kline (1960)

Answer 9

Landmark case on informed consent.
“Reasonable practitioner” standard

Elements required for informed consent include:
1. the nature of the illness
2. the proposed treatment
3. alternative treatment
4. the probability of success
5. the risks involved

Question 10

Canterbury v. Spence (1972)

Answer 10

Informed Consent

what would a “reasonable person” find material to decision making, including serious, but rare, risks.

2 exceptions: incapacitated/emergency & disclosure would cause harm

Question 11

Kaimowitz v. Department of Mental Health for the State of Michigan (1973)

Answer 11

Involuntary commitment to a state psychiatric facility PRECLUDES providing adequate informed consent for experimental psychosurgery

Involuntarily confined patients live in an “inherently coercive” situation that makes it impossible to give voluntary consent for a risky procedure

Only applies to experimental surgery

Question 12

Truman v. Thomas (1980)

Answer 12

A physician CAN be found liable for failing to inform a patient of the consequences of not getting a recommended medical test

it’s tru, man, Tom needs a medical test

Question 13

*Clites v. Iowa (1982)

Answer 13

Informed consent must be obtained for administrating antipsychotic meds.

Question 14

Zinermon v. Burch (1990)

Answer 14

An incompetent individual CANNOT consent to voluntary hospitalization

Question 15

*Tarasoff v. Regents (1976)

Answer 15

A therapist has duty to protect a third party from a dangerous patient

Question 16

*Lipari v. Sears, Supp. 1985 (1980)

Answer 16

A psychiatrist’s duty to protect third parties extends to foreseeable, but unidentified, third parties

The special relationship between a psychotherapist and a patient imposed an affirmative duty to protect third parties from potentially dangerous patients

Question 17

Petersen v. Washington (1983)

Answer 17

A psychiatrist’s duty to third parties include protecting foreseeable victims from potential danger caused by a patient’s noncompliance with medication

Question 18

Ake v. Oklahoma

Answer 18

The state must provide a psychiatric evaluation to be used on behalf of an indigent criminal defendant if he needed it.