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Freud promised his patients absolute confidentiality, regardless of
what they revealed, but privacy in psychotherapy began to erode a
half-century ago. Psychotherapists now seem to serve as "double
agents" with a dual and often conflicting allegiance to patient and
society. Some therapists even go so far as to issue Miranda-type
warnings, advising patients that what they say in therapy may be
used against them. Confidentiality and Its Discontents explores the
human stories arising from this loss of confidentiality in
psychotherapy. Addressing different types of psychotherapy
breaches, Mosher and Berman begin with the the story of novelist
Philip Roth, who was horrified when he learned that his
psychoanalyst had written a thinly veiled case study about him.
Other breaches of privacy occur when the so-called duty to protect
compels a therapist to break confidentiality by contacting the
police. Every psychotherapist has heard about "Tarasoff," but few
know the details of this story of fatal attraction. Nor are most
readers familiar with the Jaffee case, which established
psychotherapist-patient privilege in the federal courts.
Similiarly, the story of Robert Bierenbaum, a New York surgeon who
was brought to justice fifteen years after he brutally murdered his
wife, reveals how privileged communication became established in a
state court. Meanwhile, the story of New York Chief Judge Sol
Wachtler, convicted of harassing a former lover and her daughter,
shows how the fear of the loss of confidentiality may prevent a
person from seeking treatment, with potentially disastrous results.
While affirming the importance of the psychotherapist-patient
privilege, Confidentiality and Its Discontents focuses on both the
inner and outer stories of the characters involved in noteworthy
psychotherapy breaches and the ways in which psychiatry and the law
can complement but sometimes clash with each other.
Freud promised his patients absolute confidentiality, regardless of
what they revealed, but privacy in psychotherapy began to erode a
half-century ago. Psychotherapists now seem to serve as "double
agents" with a dual and often conflicting allegiance to patient and
society. Some therapists even go so far as to issue Miranda-type
warnings, advising patients that what they say in therapy may be
used against them. Confidentiality and Its Discontents explores the
human stories arising from this loss of confidentiality in
psychotherapy. Addressing different types of psychotherapy
breaches, Mosher and Berman begin with the the story of novelist
Philip Roth, who was horrified when he learned that his
psychoanalyst had written a thinly veiled case study about him.
Other breaches of privacy occur when the so-called duty to protect
compels a therapist to break confidentiality by contacting the
police. Every psychotherapist has heard about "Tarasoff," but few
know the details of this story of fatal attraction. Nor are most
readers familiar with the Jaffee case, which established
psychotherapist-patient privilege in the federal courts.
Similiarly, the story of Robert Bierenbaum, a New York surgeon who
was brought to justice fifteen years after he brutally murdered his
wife, reveals how privileged communication became established in a
state court. Meanwhile, the story of New York Chief Judge Sol
Wachtler, convicted of harassing a former lover and her daughter,
shows how the fear of the loss of confidentiality may prevent a
person from seeking treatment, with potentially disastrous results.
While affirming the importance of the psychotherapist-patient
privilege, Confidentiality and Its Discontents focuses on both the
inner and outer stories of the characters involved in noteworthy
psychotherapy breaches and the ways in which psychiatry and the law
can complement but sometimes clash with each other.
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