Mental Health therapist broke confidentiality

arthunter888

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May 23, 2009
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I have been seeing a non-psychiatric therapist for a while and we discussed my use of narcotic drugs. This therapist also meets with a family member for input about me. I allow the therapist to share most information about our session if needed, with a major exception.

I specifically told the therapist I do not want anything about drug use mentioned to the family member. Recently my family member confronted me about my drug use, and mentioned my therapist as the source of the info. I'm not sure if the therapist revealed the particular drug I was taking, but the family member said they know I'm using something other than pot so perhaps the therapist did mention or implied which one it was (even worse than mentioning general drug use).

At any rate, I'm really upset that my therapist did this. Even if the specific drug wasn't mentioned, I didn't even want the therapist to mention I was using drugs at all. I'm not sure what to do, I even feel like considering a law-suit but not sure how I can prove this.

I realize the exception to the confidentiality rule is if I intend to harm myself or others. But drug use isn't considered as harming myself, right? Even if the drug I'm using is toxic (which it is not), I think that would be too indirect to be considered a threat to my safety, right?

What is recommended that I should do about this and what measures are available to me as a patient?
 
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I cannot speak of what legal action you can take (I think that is against rules anyway) but I was acquainted with someone who had an agreement with their therapist that if self harm was evident, the family would be notified. Somehow drug use came up and the therapist did indeed consider that self harm and notified the family. Does seem like breech of confidentiality though.
 
I don't think we can give you legal advice.
See a lawyer and don't return to that therapist.
Seeing as the family member now knows, I'd suggest trying to discuss your use with them.

Best of luck, and I'm sorry to hear about this.
 
I'd consider a lawsuit. You can also report the therapist to whatever licensing board they are subject to. At the time you asked the therapist not to disclose your drug use, if they intended to class it as self-harm, then they would have been required to inform you of it and that they could not guarantee to abide by your request.
 
this doctor needs to be reported to your states licensing board.

however, how do you know for a fact that confidentiality was broken? this family member may be saying that just to try and get you to admit to something.
 
Request a full copy of your medical records from the therapist. Its often interesting to see what the people we seek therapy from are thinking. Included in your records should be copies of any releases you signed. Make sure you haven't signed a generic release allow your therapist to talk with this person about you. If you have done this then likely it will trump any verbal agreements you have made with your therapist.
 
I'd consider a lawsuit. You can also report the therapist to whatever licensing board they are subject to. At the time you asked the therapist not to disclose your drug use, if they intended to class it as self-harm, then they would have been required to inform you of it and that they could not guarantee to abide by your request.

The week before the therapist would meet with the family member, the therapist asked me if I had any limitations on any topics. I replied that I didn't want any mention of drug use. The therapist agreed to it, so I assume if it was to be classified as self-harm then the therapist would not have agreed to it.

I don't remember signing any releases though I could be wrong. If any releases were signed, they were at the very beginning and probably did not include the hypothetical situation of sharing info with the family member.
 
this doctor needs to be reported to your states licensing board.

however, how do you know for a fact that confidentiality was broken? this family member may be saying that just to try and get you to admit to something.

The family member confronted me right after meeting with the therapist. There was no other way the family member could have known, I'm certain of that.
 
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