Breach Of Confidentiality: The Legal Implications When You Are Seeking Therapy

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consultation, examination, and treatment are confidential and should
be conducted discreetly. Those not directly involved in his care must have the
permission of the patient to be present. The patient has the right to expect
that all communications and records pertaining to his care should be treated as
confidential. ( Edge, 63 ) This bill of rights enables clients to disclose all
personal information without fears. To fully confide in the therapist is
essential to the success of the therapy. On the other hand, the therapist is
legally obliged to breach this trust when necessary. The duty to warn has
created an ethical dilemma for psychological professionals. The duty to warn is
based on a court ruling in 1974. Tatiana Tarasoff was killed by Prosenjit Poddar.
Prior to the killing Poddar had told his therapist that he would kill Tatiana
upon her return from Brazil. The psychologist tried to have Poddar committed,
but since the psychiatrist overseeing this case failed to take ...

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was faced with the charge of killing Sir Robert Peele's private
secretary. A jury had to decide, if he was conscious of the act or if he was
temporary insane ( McCarty, 299-300 ). The jury clearly didn't have the
professional training to make a competent decision. How did they establish if
McNaghten knew right from wrong at the time of the crime? Therefore they were
incompetent when deciding that he, indeed, was temporarily insane. Now these
determinations are made by qualified mental health professionals. Nevertheless
other obstacles are still being encountered. In the beginning the law provides
clear guidelines when to breach confidentiality. The Harm Principle is one of
the guidelines. ...

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