Ethics, Guidelines, Professional Issues & Duties Flashcards
In re Lifschutz (1970) *
A psychiatrist CANNOT assert privilege for information gathered in treatment when the patient has waived privilege. Thus, patient owns the privilege, unless raising MH issues as a defense.
Doe v. Roe (1977)
Patient confidentiality IS violated by the publication of information obtained during psychiatric treatment if no informed consent was obtained (even if the information has been disguised)
Clites v. Iowa (1982)
Failure to obtain informed consent for psychiatric medication treatment CAN be grounds for malpractice
Commonwealth v. Kobrin (1985)
A limited set of treatment records CAN be subpoenaed to investigate billing fraud
Menendez v. Superior Court (1992) *
Psychotherapist-patient privilege does NOT apply to treatment records regarding dangerousness
Jaffee v. Redmond (1996) *
Federal courts upheld and sought to protect psychotherapist-patient privilege for both criminal and civil cases.
(Included LCSWs in the definition of “psychotherapist”)
Ake v. Oklahoma (1985)
SCOTUS ruled forensic evaluators could serve as both a testimonial expert AND as a member of the legal team (consultant) - Ruling is frowned upon in Otto and Weiner Handbook.
Defendants are guaranteed psychiatric assistance in instances of insanity and mitigating circumstances at sentencing, but they do not have the right to a clinician of their choosing
Buchanan v. Kentucky (1987)
- Competency evaluations can be admitted as evidence/given consideration in mental state defenses (such as MSO).
- The jury’s “death qualification” did not deprive petitioner of his right to an impartial jury drawn from a fair cross-section of the community
Penry v. Johnson (2001) - This is the case regardless of who initiates the competency evaluation
Kansas v. Cheever (2013)
5th Amendment protections are waived (re: for court-ordered mental health evaluations) even when the defense raised is voluntary intoxication (as opposed to a mental health defense)
