Death Threats Voiced By Psychiatric Patient Revealed To Target: No Breach Of Medical Confidentiality
Legal Eagle Eye Newsletter for the Nursing Profession
February 1997
Quick Summary: Medical confidentiality loses its usefulness to society if it is intended to shield the intention to commit a crime or the fact that a crime has been committed.
Medical confidentiality is described in the law as the physician-patient privilege.
It applies to all healthcare professionals, not just physicians. Its purpose is to inspire full and complete disclosure by the patient of all the information necessary for successful treatment. COURT OF APPEALS OF INDIANA, 1996.
The Court of Appeals of Indiana recently ruled in favor of a mental health treatment facility whose staff made the choice to inform the attorney representing the person standing accused of murdering a patient’s daughter, that the patient had voiced an intention to kill that person.
The court dismissed the patient’s lawsuit. The patient alleged the facility had breached its obligation of medical confidentiality and thus was guilty of malpractice for which the patient could recover damages in a civil suit. According to the court, however, the preservation of medical confidentiality is a less important social goal than the prevention of violent criminal acts by patients who have revealed to caregivers the intention to commit such acts. Rocca vs. Center, 671 N.E. 2d 913 (Ind. App., 1996).