The Justice Mission and Mental Health Law

Mental health law\u27s concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients\u27 lawyers have also ignored the potential for harm. Because the current system conflicts with the most fundamental values of the mental health professions themselves, those professions should take the lead in reforming the processing of mental health claims, or at least offer alternative forms which are more nearly consistent with the values and principles of mental health care

Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to confidentiality. Perhaps most importantly, the transmission of some confidential information to third parties should carry with it a duty which would require the recipient to maintain confidentiality ( extended confidentiality )

Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to confidentiality. Perhaps most importantly, the transmission of some confidential information to third parties should carry with it a duty which would require the recipient to maintain confidentiality ( extended confidentiality )

Mental Health Malpractice in the 1990s

This article analyzes the current levels and kinds of mental health malpractice claims. It also discusses the direction of individual and institutional malpractice in the 1990s and considers potential reforms. Finally, the article argues that the current system is inadequate to deal with many mental health injuries and that patient plaintiffs should have the option of pursuing malpractice claims in a private, less threatening forum