The Privilege Study: An Empirical Examination of the Psychotherapist-Patient Privilege

North Carolina law review (Impact Factor: 1.55). 07/1982; 60(5):893-942.
Source: PubMed
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  • Law, medicine & health care: a publication of the American Society of Law & Medicine 01/1986; 13(6):304-9. DOI:10.1111/j.1748-720X.1985.tb00954.x
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    ABSTRACT: All 51 jurisdictions in the United States require physicians to report suspected child abuse. In most jurisdictions, reporting requirements override both confidentiality and privilege associated with the physician-patient relationship. The authors review the literature relevant to the conflict between privacy and reporting abuse and report the results of a national survey of therapists at sex offender treatment units. They discuss ethical problems experienced under these statutes by therapists who attempt to provide treatment for sex offenders, and by therapists who are required to report past instances of child abuse even when there is no evidence of ongoing abuse.
    Behavioral Sciences & the Law 02/1987; 5(2):161-74. DOI:10.1002/bsl.2370050208 · 0.96 Impact Factor
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    ABSTRACT: Confidentiality is widely considered to be of great importance in psychotherapy. With few exceptions, the breaching of confidentiality is an ethical violation and grounds for litigation. One such exception is the mandated reporting of known or suspected child abuse, representing a legally sanctioned limitation of confidentiality. Because clients generally expect unlimited confidentiality in therapeutic relationships, many therapists have begun to "forewarn" clients as a matter of informed consent. This research report: (a) briefly reviews issues surrounding mandatory reporting and confidentiality as they relate to forewarning, (b) defines and discusses forewarning as contrasted with "informing," (c) examines state statutes, case law and ethical guidelines relevant to forewarning, and (d) presents a survey of 428 mental health providers (MHPs) on their forewarning practices in which 36.9% forewarned all clients, 36.4% informed clients only upon suspicion of abuse, and 20.6% informed only after receiving a disclosure of abuse. The implications of these findings are discussed.
    Behavioral Sciences & the Law 03/1993; 11(2):181-92. DOI:10.1002/bsl.2370110207 · 0.96 Impact Factor
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