Confidentiality can be threatened by legality

Confidentiality can be threatened by legality

September 27, 2019

Confidentiality can be threatened by legality

Mental Health

The nature of mental health treatment frequently means that a patient’s personal information is often shared as a part of the therapeutic process. However, though this sharing between a client and a mental health professional is usually understood to be confidential, there are exceptions. It will be in the best interest of both the parties to have a clear understanding of what these circumstances are. These guidelines have been created with the best ethical interests of the treatment process in mind.


Perhaps the best example of when confidentiality may be broken is if the patient is considered to be a danger to themselves or others. This will be done to protect the person in question who might be harmed. This includes awareness on the part of the practitioner that harming someone is possible. Yet there are several other instances where confidentiality may also be breached.

It should also be noted that if deemed necessary by a court of law, then a therapist may be asked to testify about what was discussed in their sessions. Though this is not a common occurrence, the professional will be expected to comply in such cases. Records of therapy may be made public at a trial if a claim of emotional distress is pursued. This is so even in cases where the therapy is not necessarily connected to a matter of lawsuit.

The client’s insurance company may often receive certain facts about the patient’s treatment as well. Though this was at one time regulated to sharing a diagnosis, this has since changed due to case managers who have insisted on more specifics. Furthermore, one’s medical records may be present as part of a wider medical records of the state or any other governing authority.

In the case of treatment for adolescents, the client will be advised to discuss certain decisions and information with their parents when appropriate. However, if the therapist decides that confidentiality will need to be broken, then they will first need to make the patient aware of their decision to do so. The professional will need to explain why the revealing of confidential information is necessary and they might allow the patient to make the information known themselves while in their presence. At all times, the mental health professional should do their part to first seek out any possible alternatives to breaching patient confidentiality beforehand. This is important to make sure that trust remains a focal point of these relationships.

Prevention of Complications

In order to prevent any misunderstandings and to minimize resentment that the treated person may experience, it may be best to take a proactive approach. For instance, the patient should be made aware at the beginning of treatment about confidentiality and its limits. This will be especially important with adolescents, whose parents will need to be notified of certain information in more extreme cases. Of course, certain confidentiality laws may vary from state to state and it will be essential for a therapist to familiarize themselves with how these apply in their case.

In cases where an adolescent patient needs to have tests taken, they will need to make arrangements regarding lab results and billing if their parents are not to be informed. Also, the mental health professional should strive not to leave messages on answering machines or phones, as confidential information may be revealed in the process. Instead, the therapist may choose to communicate by e-mail or fax. However, it will be especially important to be sure that the right address or number is used in such a case, so that confidentiality is not accidentally breached.

A patient has a right to be concerned if confidentiality is breached, it may compromise how they are viewed professionally at their job or in their personal life. Another common worry is that one’s health insurance may be lost or denied. Therefore, in cases other than the noted exceptions, it will be necessary to share the minimum amount of information required if complete confidentiality is not possible.

The client should also have the opportunity to correct any information not believed to be completely accurate. On the other hand, the medical professional should be protected from retaliation if a report of violation is necessary. The goal, as is common with ethical issues, is to minimize the amount of harm done to all parties involved. While absolute confidentiality is naturally a preference, certain circumstances do not allow this as a realistic option.

Seeking mental health recovery

At Invictus Health Group, we know how important privacy is when our patients are going through their treatments. Trust is our topmost priority, which is why we partner with only experienced and credible doctors and clinicians in the business. When anyone walks through our doors, we want them to feel safe and rest assured that we are here to help them in complete confidentiality.

If you or a loved one is battling a mental health disorder and is looking for a mental health treatment, get in touch with Invictus Health Group. Call our 24/7 mental health treatment helpline 866-548-0190 and speak to a member of our team. You can also chat online to a representative for more information on mental health services and to clarify any doubts you have regarding confidentiality.

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