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Therapist Patient Privilege

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Criminalwriter

New member
Okay I'm writing a short story for my English class, and basically my question is can a therapist patient privilege be broken after death. One the patient is a minor , Two the story takes place in NYC and who would be able to contain this info ?
 


Just Blue

Senior Member
Okay I'm writing a short story for my English class, and basically my question is can a therapist patient privilege be broken after death. One the patient is a minor , Two the story takes place in NYC and who would be able to contain this info ?
We don't do homework. Sorry...
 

FlyingRon

Senior Member
Depends on what sort of therapy and what you mean about "privilege." In general, the duty for confidentiality persists after death and so does the privilege with regard to court testimony. However, neither is absolute. Further, when a minor is involved, the parents likely had the right to waive the privilege even while the minor was still alive.
 

quincy

Senior Member
Okay I'm writing a short story for my English class, and basically my question is can a therapist patient privilege be broken after death. One the patient is a minor , Two the story takes place in NYC and who would be able to contain this info ?
I agree with FlyingRon that the type of therapist matters.

Therapist/patient privilege is not absolute. There are conditions under which disclosures must be made.

Here is a link to the law: https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-4504.html
 

Criminalwriter

New member
Depends on what sort of therapy and what you mean about "privilege." In general, the duty for confidentiality persists after death and so does the privilege with regard to court testimony. However, neither is absolute. Further, when a minor is involved, the parents likely had the right to waive the privilege even while the minor was still alive.
Thank you, it was family therapy
 

Zigner

Senior Member, Non-Attorney
Personally, I think posting the applicable statute for the OP to review was a good idea :)
 

quincy

Senior Member
Criminalwriter is writing the story by himself. We are not writing it for him. We are just providing the law which can lend his story some realism.
 

Just Blue

Senior Member
Criminalwriter is writing the story by himself. We are not writing it for him. We are just providing the law which can lend his story some realism.
I understand that..but the research is part of the story. Lil blu did a story, in SPANISH, on mental illness. She did all research herself. Perhaps I am just a harsh task master. sigh...
 

quincy

Senior Member
I don't mind helping a writer out with the legal aspects of a story. Criminalwriter researched enough to find this forum. We are a good source of legal information.
 

Just Blue

Senior Member
I don't mind helping a writer out with the legal aspects of a story. Criminalwriter researched enough to find this forum. We are a good source of legal information.
I understand that...but OP is doing a school assignment. That much different than writing a book professionally. IMO.
 

Zigner

Senior Member, Non-Attorney
I understand that..but the research is part of the story. Lil blu did a story, in SPANISH, on mental illness. She did all research herself. Perhaps I am just a harsh task master. sigh...
The legal aspect is incidental to the story.
 
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