Legal Definitions - psychotherapist–patient privilege

The psychotherapist–patient privilege is a fundamental legal principle that protects the confidentiality of communications made between a patient and their licensed psychotherapist during the course of professional treatment. This privilege generally prevents a psychotherapist from being legally compelled to disclose what was discussed in therapy sessions, or to produce therapy records, in a court of law or other legal proceeding without the patient's explicit consent.

The primary purpose of this privilege is to foster an environment of trust and openness, which is essential for effective psychotherapy. By assuring patients that their private thoughts, feelings, and experiences shared in therapy will remain confidential, the law encourages them to speak freely and honestly about sensitive issues without fear that this information could be used against them in a legal context.

Here are some examples illustrating how the psychotherapist–patient privilege applies:

• Example 1: Divorce Proceedings

  Imagine a person going through a contentious divorce. Their spouse's attorney attempts to subpoena the person's psychotherapist, seeking to obtain therapy notes and compel the therapist to testify about the person's emotional state or any statements made during sessions. The attorney hopes to use this information to argue for reduced custody rights or a more favorable financial settlement for their client.

  Illustration: In this scenario, the person (the patient) can invoke the psychotherapist–patient privilege. This legal protection would generally prevent their psychotherapist from being forced to disclose confidential communications or records from their therapy sessions, thereby safeguarding the privacy of their mental health treatment during the divorce proceedings.

• Example 2: Personal Injury Lawsuit

  A pedestrian is severely injured in a car accident and subsequently develops post-traumatic stress disorder (PTSD), for which they begin seeing a psychotherapist. During the lawsuit against the at-fault driver, the defense attorney attempts to subpoena the psychotherapist's records, hoping to find information that might suggest the pedestrian's emotional distress was pre-existing or unrelated to the accident, thereby reducing the damages owed.

  Illustration: Unless the pedestrian explicitly waives the privilege (for example, by directly putting their specific mental health diagnosis at the center of their claim for damages), the psychotherapist–patient privilege would protect their therapy records and communications from disclosure. This ensures that seeking mental health treatment for accident-related trauma does not automatically expose their private therapeutic discussions to the opposing party.

• Example 3: Child Custody Hearing

  During a child custody dispute, one parent's attorney tries to call the other parent's psychotherapist to the stand. The attorney intends to question the therapist about the parent's past emotional struggles or any statements made in therapy that might be used to argue against their fitness as a parent.

  Illustration: The parent whose therapy is being targeted can assert the psychotherapist–patient privilege. This privilege would typically prevent their psychotherapist from being compelled to reveal confidential information discussed during therapy sessions, ensuring that the parent can seek mental health support without fear that their private therapeutic discussions will be used against them in a sensitive legal matter like child custody.