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Confidential Reports: After the Leak  


Author:  Fred Cohen.


Source: Volume 14, Number 01, May/June 2012 , pp.1-2(2)




Correctional Mental Health Report

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Abstract: 

Confidentiality and privilege in communications is of major concern to clinicians. The Eighth Circuit’s decision, in a case that centered on a report Dr. Malleus provided to a local school board as confidential but which was leaked by school board members prior to a school board election, found no constitutionally-based grievance. The decision, while not directly ruling on therapist-patient privilege, suggests that clinicians may not be able to invoke the privilege to protect their clients when making Tarasoff -like disclosure or warnings.

Keywords: Confidentiality; Malleus v. George , 641 F.3d 560

Affiliations:  1: Executive Editor.

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