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Law and Psychology

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Steven R. Smith

2015

Articles 1 - 4 of 4

Full-Text Articles in Law

Mental Health Malpractice In The 1990s, Steven R. Smith May 2015

Mental Health Malpractice In The 1990s, Steven R. Smith

Steven R. Smith

This article analyzes the current levels and kinds of mental health malpractice claims. It also discusses the direction of individual and institutional malpractice in the 1990s and considers potential reforms. Finally, the article argues that the current system is inadequate to deal with many mental health injuries and that patient plaintiffs should have the option of pursuing malpractice claims in a private, less threatening forum.


Constitutional Privacy In Psychotherapy, Steven R. Smith May 2015

Constitutional Privacy In Psychotherapy, Steven R. Smith

Steven R. Smith

No abstract provided.


Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith May 2015

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Steven R. Smith

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …


From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith May 2015

From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith

Steven R. Smith

No abstract provided.