Lawyer for malpractice of a psychologist

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Is it legal for my psychologist to release my conversations with her without my permission? Can I sue her for malpractice? What type of lawyer do I need?

Attorney Answers

4
Ian Valkenet ·
It depends entirely on the circumstances surrounding the disclosure. For instance, mental health care professionals are required to make disclosures if you've made a credible threat against the life of another. Was there a consummated doctor/patient relationship? Call an attorney to discuss your rights.
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Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
Your communications are privileged, but there are exceptions. For example, if you threatened to harm yourself or someone else, the therapist is obligated to notify the authorities. If you state that you have abused a child, they can notify the police.
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Eliot Wolf ·
It is not legal for her to have released your records without permission, but HIPAA regulations do not give an individual the right to sue. Confirm with local malpractice counsel.
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Stanley Spero ·
The basic rule in psychiatry is that all conversations with the therapist are confidential. In order for the therapist to release any information that therapist must obtain the authorization called an approved HIPPAA release in order to legally do so. This release represents the patient's consent to share that private information he has told the therapist. If the therapist tells any third person this information without obtaining the patient's consent, then he has violated the HIPPA Regulations and is open to sanctions. It should be pointed out that in specific urgent situations, the therapist does have immunity from any prosecution or liability if the therapist is reporting child abuse, a threat to another person's life or a threat to their own life. You should seek the advice of a malpractice attorney who deals with the issues surrounding professional ethics on a regular basis .
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