Truthfully can you tell your psychologist everything? Will your privacy be protected?

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

In most cases the therapist/patient privilege is taken seriously and exceptions are as narrowly tailored as possible. Lawyers can ask the records be filed under seal or that non-relevant indentifying info be redacted.
By the way, I'm a psychologist and a former litigator.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your privacy will be protected except for a few instances: if you become a danger to yourself or others, your privacy will be violated in order to protect you or whomever you are a danger to; if you make certain types of threats; or if you sue someone.

As to people looking at your records, yes, you are paranoid. Not to be offensive, but I doubt that you are interesting enough for anyone to care.

This (I am a therapist). My files are always locked and no one else has access to them - this is the standard of care in the profession. Some people are moving to online records which are equally (if not more) safe. I do consult with other therapists about cases but do not share names.

I am also a therapist and this is spot on. Confidentiality is a big deal in mental health.

It is a big deal in theory but not always in practice. Especially in practices that have more than one therapist and have admin support. Files are often left out for someone to file or to make a call back. Files are pulled in the morning for that day's appointments and left out until then. Some therapists have files on their desk. I have worked in a number of therapist practices and very rarely is every file locked up at all times. If admin or cleaning staff or another therapist wanted to read a file, they would have no difficult finding one to read.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

+1

I'm a PI attorney. I can always access psych records if they are relevant. Whether they are admissible is another story. I've read lots of people's psych records.

Also a therapist may disclose information about a patient 1) if you intend to harm someone else or 2) if you have harmed a child. Also if you plan to harm yourself, the therapist can place a psychiatric hold on you and have you admitted to a hospital against your will.

Is there a difference between psych records and medical records? The former seem much more intimate/ private but somehow it's the latter that seem better protected?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

+1

I'm a PI attorney. I can always access psych records if they are relevant. Whether they are admissible is another story. I've read lots of people's psych records.

Also a therapist may disclose information about a patient 1) if you intend to harm someone else or 2) if you have harmed a child. Also if you plan to harm yourself, the therapist can place a psychiatric hold on you and have you admitted to a hospital against your will.

Is there a difference between psych records and medical records? The former seem much more intimate/ private but somehow it's the latter that seem better protected?

Not really. With due respect to the therapist and former litigator who posted above, I've never NOT been able to get mental health records that I wanted to see. I have successfully shielded my client's mental health records exactly ONCE, when the minor plaintiff was a victim of child sexual abuse by her adoptive father, and we were complaining of an injury in a car wreck. In that case, the judge reviewed the records in chambers and told the defense they could not have them.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

+1

I'm a PI attorney. I can always access psych records if they are relevant. Whether they are admissible is another story. I've read lots of people's psych records.

Also a therapist may disclose information about a patient 1) if you intend to harm someone else or 2) if you have harmed a child. Also if you plan to harm yourself, the therapist can place a psychiatric hold on you and have you admitted to a hospital against your will.

Is there a difference between psych records and medical records? The former seem much more intimate/ private but somehow it's the latter that seem better protected?

Not really. With due respect to the therapist and former litigator who posted above, I've never NOT been able to get mental health records that I wanted to see. I have successfully shielded my client's mental health records exactly ONCE, when the minor plaintiff was a victim of child sexual abuse by her adoptive father, and we were complaining of an injury in a car wreck. In that case, the judge reviewed the records in chambers and told the defense they could not have them.

I would also add that I see all kinds of stuff in your medical records -- abortions, miscarriages, STDs, drug use, spousal abuse, whatever. 99.9% of it doesn't come into open court or into any public context. It's embarrassing to have some lawyer or paralegal read it, I guess, but that information probably isn't going anywhere. And I don't care about it. It's like being a nurse or doctor. I read so many medical records that I just don't care that you had an abortion or whatever, unless it's relevant to the case in front of me.

If you are ever concerned about the use that your medical records will be put to by a lawyer on the other side, you can request a protective order from the court that limits their use.

It's not a reason not to see a therapist. I say this as an attorney who takes antidepressants and has a history of major depressive disorder. I would be embarrassed if that information was made public, but the likelihood of that coming out even in a lawsuit is pretty remote. Don't worry about it.

[Anonymous]

What if I told my therapist I hate being alive, I think about dying most of the day as it helps get me through the day but that I don't plan on commuting suicide because I don't want to burn in hell forever. Would that therapist make me go to a psych ward? I've lived this way most of my life and I'm still alive.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

In most cases the therapist/patient privilege is taken seriously and exceptions are as narrowly tailored as possible. Lawyers can ask the records be filed under seal or that non-relevant indentifying info be redacted.
By the way, I'm a psychologist and a former litigator.

No disrespect but I don't think your experience is the norm. I get packages of psych records probably once a week and in almost 20 years of litigating not once did a. Attorney even ask that records be filed under seal or to have identifying information redacted. Further, even if records were filed under seal, all parties and their attorneys would have copies.

[Anonymous]

Anonymous wrote:What if I told my therapist I hate being alive, I think about dying most of the day as it helps get me through the day but that I don't plan on commuting suicide because I don't want to burn in hell forever. Would that therapist make me go to a psych ward? I've lived this way most of my life and I'm still alive.

First of all it sounds like you are looking for reasons not to get help. You need help. You don't need to suffer like this.

It is not easy to commit someone to a psychiatric hospital. You would have to be in imminent danger, in which case thats where you should be. if you went to a psychiatrist and told him what you just wrote, he would treat you and help you but not have you hospitalized.

You do realize, I assume, that you are nonetheless at high risk for suicide. You really need to get help.

[Anonymous]

Anonymous wrote:What if I told my therapist I hate being alive, I think about dying most of the day as it helps get me through the day but that I don't plan on commuting suicide because I don't want to burn in hell forever. Would that therapist make me go to a psych ward? I've lived this way most of my life and I'm still alive.

If this is the way you feel, please tell a therapist. You don't have to keep living in this hell that your feelings have created for you. There's a better world that you can enjoy if you just tell a therapist and get the help you need.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

In most cases the therapist/patient privilege is taken seriously and exceptions are as narrowly tailored as possible. Lawyers can ask the records be filed under seal or that non-relevant indentifying info be redacted.
By the way, I'm a psychologist and a former litigator.

No disrespect but I don't think your experience is the norm. I get packages of psych records probably once a week and in almost 20 years of litigating not once did a. Attorney even ask that records be filed under seal or to have identifying information redacted. Further, even if records were filed under seal, all parties and their attorneys would have copies.

I'm a paralegal in a plaintiff's firm and we've moved to have much less revealing information filed under seal and/or have produced redacted documents. Such confidential info would be similarly treated by us.

[Anonymous]

From what I've seen, the security of your file largely depends on the provider and on the office climate.

[Anonymous]

Anonymous wrote:From what I've seen, the security of your file largely depends on the provider and on the office climate.

+1000

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you sue someone is not grounds to breach privacy. Therapist here.

Trial lawyer here. I have never been denied psych records when I've subpoenaed them. If they are relevant or could otherwise lead to admissible information I can always get them.

+1

I'm a PI attorney. I can always access psych records if they are relevant. Whether they are admissible is another story. I've read lots of people's psych records.

Also a therapist may disclose information about a patient 1) if you intend to harm someone else or 2) if you have harmed a child. Also if you plan to harm yourself, the therapist can place a psychiatric hold on you and have you admitted to a hospital against your will.

Another attorney here who routinely subpoenas psych records if I suspect they could lead to relevant admissible evidence. The practitioners are legally required to comply with the subpoena unless it is quashed and I have never had that happen. Usually they just send the records. It can be a little harder bc they aren't as likely to have office staff or a clear record keeping system but they send what they have.