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Confidentiality And Informed Consent Essay

1081 words - 5 pages

Confidentiality and Informed Consent
Claudia Lewis
Dr. Daniel Williams Jr, PsyD, MSW

Confidentiality and Informed Consent
Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how ...view middle of the document...

The court specific ruling was that the therapist was liable because they should have known about the dangerousness based on accepted professional standards of conduct and they failed to exercise reasonable acre in warning the potential victim (University of Phoenix, 1994).
How the decision relates to the confidentiality of therapist-client relationships
The decision in the case of Tarasoff v. the Board of Regents of the University of California forever changed the laws of virtually every state. These new laws now included statutory requirement for notification and duty to warn, which has sparked the ongoing debate between rules of confidentiality and the privilege and duty to warn ("American Cancer Society", 2014). The decision has changed the way in which patients open up to the therapist, as what they say to the therapist is only confidential to a certain point. Because therapist has a “duty to warn” ("American Cancer Society", 2014), there is a certain amount of distrust on the patient’s part as to what they really should divulge to the therapist; because of the fear of the therapist having a duty to tell another person about what was said. Confidentiality as it relates to the therapist-client relationship is really not confidentiality at all depending on the conversation and circumstances!
Informed Consent and Refusal Process
The process of informed consent and refusal is the reflection of the commitment involved in respecting the client’s self-determination and autonomy ("American Cancer Society", 2014). Informed consent laws are put in place to govern specific types of communication that takes place between health providers and their patients ("American Cancer Society", 2014). The law consists of types of information that patients must be given in order to make informed decisions about getting medical care, diagnostic test, or treatment ("American Cancer Society", 2014). When informed consent has taken place correctly the information that which is given must be clearly understood by the patient; it’s up to the patient to ask questions about any information they don’t understand. The patient must be given the opportunity to look over the information and ask questions, the patient must also not be pressured to make their own decisions, as the informed consent assumes that when the patient is making these decisions they are...

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