Doctor/Patient breach of confidentiality

This really blows. Last April I was 24 and my parents wanted me to talk to an LCSW (social worker-therapist). The counselor found that I had absolutely no psychological problems, and said he would meet with my parents to explain exactly that. We established that he would not talk about pot to my parents, owing to their extreme conservatism they would take it totally wrong and it would be counterproductive. I told the doctor that if they asked about pot, to just say that it was a part of my past, and I have a hold on it.
Instead, he told them I had a "severe mj problem," which doesn't even exist in the first place. This was a while ago and my relationship with my parents has been nearly completely dissolved, at least compared to what it used to be. Now if my parents believe me when I say I'm not a drug addict, they will only believe i am insane.
I tried to find a lawyer but most of them are only interested in physical injury. It's ridiculous; I feel totally victimized and all I really want is for the jack ass of a dr. to realize what he did.
I don't need any input really, just wanted to tell my bs story. Lesson is, if you don't want your parents to know your habits, don't tell anyone who might end up talking to them.

I have no idea about the legality of the situation.. but I know for a fact(especially if you're over 18) that a therapist cannot bring up anything you don't want them to(d/p confidentiality) to ANYONE unless you mention a possible rape, murder, and there's one more.. but I'm pretty sure even assault and baterry is protected under d/p confidentiality. Drugs have nothing to do with it.. you could say you had 3 kilos of blow in the trunk of your car and he can't do shit.

It's a HUGE breach of ethics, though, and a simple mention of lawsuit and anger to whatever board supervises his license will get you great payback. Suspension and possible termination of his career is on the line for him. Fucking up a man's career is pretty serious, but ruining a man's family life and completely throwing out ethics in his profession is definitely deserving of it.

The only thing that might hurt your case is this: Did you ever sign any papers claiming that whatever was said in your session could be spoken about to your "guardians"? I'm guessing no, since you were 24 years old at the time.

Also, I do not even know if these LCSW's you speak of even have the same rules as normal therapists.. but if he an actual licensed therapist.. I say fuck him up.

no I never signed anything like that. I was concerned that possibly he wasn't bound by the same laws as other professionals. In any case, I do want to do something even if all it does is make it less likely that he'll disrespect someone else the same way in the future. Thank you for responding

Here ya go:

SOCIAL WORK CONFIDENTIALITY LAW

It's for Connecticut but I'm sure it's the same, or close to the same, everywhere else. It seems to be in your favor

excerpt:

What Communications and Records are Covered? All oral and written communications and records thereof relating to the evaluation and treatment of the client(s). This applies to communications between the client and the social worker, between a member of the clientâ??s family and the social worker, and between the client or a member of the clientâ??s family and an individual participating under the supervision of a licensed clinical social worker in the accomplishment of the objectives of evaluation or treatment. The confidentiality applies wherever the communications took place.

Check your local state laws as theres no federal law requiring confidentiality. And you said your parents took you. Was this not a normal person you usually see? If your parents set up the appointment and you went willingly they could be considered 3rd party and this quote may apply to you.

"If individuals are examined by a physician at the request of a third party (such as an insurance company or their employer), no matter how thorough or extensive the examination, or how friendly the doctor, there is generally no physician-patient relationship and no duty of confidentiality is owed to the patients. This is because they did not seek the physician's advice or treatment, and the relationship is at "arm's-length." "

taken from here.

hey thanks everyone. I'll type at you again if there's new developments

Criminal Activity (marijuana use) is not protected under the Patient/Doctor confidentiality, An Example is say someone comes into the ER wth a Gunshot wound, Doctors are recquired by Law to report the incident to police.

Lawyers are the ones that cant report Criminal Activity unless it is Murder, that, isnt protected, and if he fails to report it the Lawyer can be tried as an accessory to the fact.


Being as you faced no criminal prosecution for the SW informing your parents, no law was broken.

The law may vary state to state as they pass their own statute, Just look into your state laws to find out more.

Pretty much the only thing you can do is file an Ethics violation.

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Originally Posted by Myth1184

Criminal Activity (marijuana use) is not protected under the Patient/Doctor confidentiality, An Example is say someone comes into the ER wth a Gunshot wound, Doctors are recquired by Law to report the incident to police.

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He's not talking about actual doctors. And marijuana use IS protected under the confidentiality. A gunshot wound is a murder attempt, aka something the therapist/doctor must tell the police about. Marijuana use is nowhere near being added to the likes of actual or attempted murder and rape.

PErsonally I'd file an ethics suit. Because they now have a HIPPA law, which is if it's violated it's very serious!

So, since you're over the age limit, the only thing your parents can do is be pissed, yadda yadda yadda...

As for that therapist. I'd bring it up to him, and then file suit againest him for violating hippa laws. Now, I'm not exactly SURE what'll happen because it is stating the fact that you have done an illigal drug, however here where I live...It is NOT illigal to have it in your system, it's illigal for possion. (I think)

I'd so fuck his world up and some. I'm going through something along those lines accept, i can't do anything about it, except file an ethics claim because they released the "information" to another person without my consent. In which you have to sign a release form, and I didn't.

Maybe i'm wrong, Look up your laws....And if he was in the wrong which he was. Fuck his whole world up.....

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This really blows. Last April I was 24 and my parents wanted me to talk to an LCSW (social worker-therapist). The counselor found that I had absolutely no psychological problems, and said he would meet with my parents to explain exactly that

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IF he was meeting your parents to tell him of the sitution you must've signed something because you're above age. Right? So, I'd also take that into consideration, if you didn't sign anything, he had no right of Even talking to your parents (without written consent)About the problems.....

Maybe i'm wrong?

What ever ass said there is no confidetiality is a moron, your therapist isnt allowed to turn around and say what ever he wants to people, or anything regarding your session with him. He is a doctor in practice who knows his patience have by law, confidetiality, unless you talk about killing people or hurting yourself. In a hospital, the only time they "have" to call authorities in E.R. is a gun shot or stabb wound, if you roll in there high as hell tripping on e and acid, they cannot call the cops if you say no. and they wouldnt even bother. There is a patient confidentiality for a reason, so people dont go around talking about your personall life and manipulating it to make themselves look like they know what there talking about. This kid rolls in with no problems and his therapist just made a huge one, thats why they cant do it, he is also above the age 18 which means his parents have no say on antyhing. You could have this person relived of thier Doctorial position, ofcourse you would have to bring it to court, the state may prosecute this on there own. Write up a formal complaint on patient confidetiality they might settle for cash!

thanks wack. I'm going to get serious about it this week. I have definitely not exhausted all my options. If I can't find a lawyer who interested I'll send a threatening letter and try to get cash or something. And maybe I could use it to promote pro-cannabis sentiment in some degree, so that these misconceptions about weed no longer ruin relationships.

Nice thought but that'll never happen.

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Originally Posted by burnable

thanks wack. I'm going to get serious about it this week. I have definitely not exhausted all my options. If I can't find a lawyer who interested I'll send a threatening letter and try to get cash or something. And maybe I could use it to promote pro-cannabis sentiment in some degree, so that these misconceptions about weed no longer ruin relationships.

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Dude.. bribing him will get YOU in huge trouble. Don't ask for money.. don't even be an ass and threaten him.

Just file the ethics suit and sit back and watch. If you give him forewarning he may be able to go to his supervisor and manipulate the story before you even file the suit.

thanks, actually I was thinking about writing that letter today, so that was good timing. Now I'll try to figure out who to report to

There is ALOT of BAD info in these posts, but some good info. I myself am bound by HIPPA laws in my profession. All this means is that I am licensed and have been forced to know the HIPPA laws. I also know that I can loose my license if I violate the HIPPA laws. So let me post a couple of links here for you to check out:

http://www.hhs.gov/ocr/hipaa/
HIPAA.ORG
HIPAA / Law: Legal Question and Answer about HIPAA

Then find out how your SW is licensed. Most likely he/she has a license. Under their license they are bound by several standards. If they violate one or more of those standards then they are subject to loosing his/her license. Just call up your SW and ask what linceses that he/she has. Then at that point it is just using a little Google and you will have the phone numbers to the complaint department for the licensing organization that governs your SW.

Good Luck