Not always as they seem

• subpoenaed records by garcia, 10/27/98
  
  

First, things are not always (perhaps even rarely) as they seem in newspaper articles, professional newsletters, and brief summaries. They routinely leave out details in complex matters, or get it wrong altogether. Second, if a court merely said a patient could sue an attorney, that doesn't mean he or she will win. This may just mean that a judge said there was a question that should be allowed to be asked in a lawsuit. Third, one doesn't know (from the Forum comment) whether or not there was a release from the patient, or a lawful subpoena, or some other legitimate reason to release the records. Lawyers occasionally do things that are unethical or illegal (e.g., forging a release form), but certainly not very often. Fourth, I would not second-guess the therapist for releasing the records unless one knows exactly what the situation was; there are lots of exceptions to patient privilege and the therapist's obligation of confidentiality (such as reporting laws in some states regarding sexual battery). Finally, the law of privilege is a state matter (although ethics are not). For what it's worth, California state court decisions have no bearing on legal matters in other states.

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