Ethics & Privilege

Question 1

Commonwealth v. Kobrin (1985)

Answer 1

MA SC ruled that a psychiatrist investigated for Medicaid fraud did not have to turn over therapy notes due to right to privacy

Question 2

Clites v. Iowa (1982)

Answer 2

IA Social Services had failed to provide reasonable medical treatment to child and negligent use of drugs was proximate cause for his tardive dyskinesia

Question 3

Doe v. Roe (1977)

Answer 3

ruled against physician that handed over entire file, including HIV diagnosis, to employer due to worker’s comp subpoena

Question 4

Jaffee v. Redmond (1996)

Answer 4

SCOTUS ruled that federal courts must allow mental health professional to refuse to disclose patient records in judicial proceedings, creating a new evidentiary privilege → Federal Rules of Evidence Rule 501

Question 5

In re Lifshutz (1970)

Answer 5

A case that was the 1st to assert clearly and formally that a constitutional right to privacy includes psychotherapist-patient privilege - patient, not therapist owned the privileged

Question 6

Menendez v. Superior Court (1992)

Answer 6

Menendez brothers case; dangerous patient exception to the psychotherapist-patient privilege is available when the therapist has reasonable cause to believe disclosure is necessary to prevent harm