I am confused about doctor patient confidentially laws?

Question

Since I was a very small child my mother has spent a great deal of time in mental institutions. So Why as a family member was I not informed sooner how dangerous she could be? I was always lets guessing and in the dark . It wasn't until she actually shot another family member that It started sinking in for me. My father was always a great protector, but since they had been divorced for years he was never included in her care, or informed about the possible dangers either. I am not interested in a law suit I am just wondering about the laws , if anyone can answer I'd be grateful. Thanks!

I was raised by my father .

I was raised by my father .

Answer 1

Since you were with your father you were probably not considered in danger and they probably thought that as a child you could not understand what was going on and they probably didn't want to scare you. You don't say how old you were when this happened but young children tend to blame themselves for issues like their parents illnesses or addictions and they probably thought that they were protecting you from that. You have to understand that depending on how old you are the laws have changed and now if the doctor's think that a patient is a danger to themselves or others they have to let some one know. When I went into the hospital last Oct. I sat down with my therapist, my daughter's therapist and my daughter to let her know what was going on so that she would know that it had nothing to do with my relationship with her but that I was sick and that going into the hospital was the way for me to get better. Years ago they wouldn't have let me give my daughter that information thinking that she was to young to understand what was going on.

Answer 2

The law as it pertains to mental health clinicians is very clear: Anything the patient says to the Dr. or therapist is absolutely confidential, and the Dr. or therapist cannot by law share any information without the patient's permission (usually written permission).

HOWEVER, if your mother was so unstable that she was actually dangerous, the Dr. is legally obligated to intervene for the sake of the patient's safety or for other people's safety. If the Dr. didn't know she was dangerous, he/she wasn't much of a Dr. Hope had it exactly right: The patient can (and SHOULD) be hospitalized, even against her will, if there is evidence of danger to her or someone else. Then the family gets involved. Also, since she was a mother, the Dr. was also obligated by law to see that the kids are safe (placed with another family member if possible, otherwise put in emergency foster care). The Dr. should have either contacted your father or children's protective services.

You said your parents are divorced - do you mean to tell me that you were being raised by your mother alone? If your mother shot someone, she was very unstable. You shouldn't have been left alone in her care (even if you wanted to - children very often want to protect the parent and want to stay with them anyway). That Dr. should have intervened on your behalf. The Dr. should have picked up on the fact that she was dangerous. If the Dr. failed to pick up the signs of possible danger, the Dr. was grossly negligent.

I know you said you're not interested in a lawsuit, but actually the Dr. can be held responsible for failing to hospitalize your mother if she was dangerous (and she obviously was). The person who could sue would be the person who was shot (I hope they're still alive). And could you have been placed with your father? I don't know if you're still a minor or not, but you shouldn't be living with a mother with such a severe mental illness. Dr's (and even teachers, or neighbors or family members) are bound by law to report suspicions of an unstable parent with potential for unstable behavior. Were you abused? You should not have been left alone with your mother.

Hopefully, with meds and therapy (and obviously not with the Dr. she was seeing) she can get better, but it will take a while, and if you're still under 18, your safety is most important.

You've been through a nightmare.If you're living with your mother, and you don't feel safe, call children's protective services (if you're a minor), or find another place to live. You have the right to seek help - someone can help you through this process.

Take care! And God Bless.

Answer 3

In general, the patient-Dr confidentiality laws end
when the person is a danger to himself / or to others / or in the case of child abuse or child sexual assault.

At what age you might have been given that privilaged information -- I do not know.

You did not mention -- so were you placed in Foster Care if
your mother was that unstable and dangerous?

Answer 4

I think the patients family should be involved in its situation perhaps since you were small before it is well understood that you did know but somehow someone should have explained it to you when you got older. Go and talk to your mom's doctor or the head of such institution.

Answer 5

As far as I know, the only time the confidentiality can be broken if if the person is going to hurt themselves or someone else. It seems like your mom's doctor should have factored that in. It sounds like they dropped the ball on this one and should have kept her in an institution.

Answer 6

It is not required for them to notify an individual of the potential danger, unless there is a specific plan and targeted individual. Laws are sorta sketchy in this area.

Answer 7

wow, it sure sounds like the confidentiality thing can bring on a bad situation. I think you had a right to know what was going on - obviously you were involve din her life - i'm so sorry you had to go through that.