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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If you sue someone is not grounds to breach privacy. Therapist here. [/quote]

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. [/quote]

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. [/quote]

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

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. [/quote]

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. [/quote]

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