Category Archives: Avoiding Liability Bulletin

Mandatory Reporting, Confidentiality When Communicating With Other Health Care Professionals and Access to Records vs. Subpoena for Records

Most licensed mental health practitioners are aware of their duty to report knowledge or reasonable suspicion of child abuse, elder [...]

Patient Suicide and Death by Rational End-Of-Life Decision

While a patient’s suicide and a patient’s rational and legally supportable decision to end his/her life both result in the death of the [...]

Contact with Patients Between Sessions Curtailed in California: A Dangerous Precedent

At the beginning of the professional relationship between psychotherapist and patient it is important for practitioners to think about [...]

Patient Access to Treatment Records

While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients [...]

Privilege and Confidentiality – A Deeper Look

In the September 2017 issue of this Avoiding Liability Bulletin, I raised several questions regarding the related but different [...]

Treatment of Children – Joint Legal Custody

In the September 2017 issue of this Avoiding Liability Bulletin, I raised a number of questions concerning situations involving the [...]

Know Your Risks: Family Law, Fictitious Business Names, Privilege / Confidentiality, Subpoenas / Privilege, Testimony Under Oath and Child Abuse Reporting

One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it [...]

Breach of Confidentiality Claims

Therapists and counselors are expected to be keenly aware of their duty of confidentiality, but it is often the case that confidential [...]

Spousal Abuse & Confidentiality

Therapists and counselors will encounter a variety of situations where they learn of (or reasonably suspect) an act that constitutes, [...]


I have consulted with licensed therapists who have asked, in a variety of contexts, whether they can safely (re: their liability) [...]

“Immunity from Liability” vs. “No Liability”

Last month I wrote about dangerous patient issues and the nature and breadth of the mental health practitioner’s duty to protect third [...]

Dangerous Patients – Duty to Warn / Duty to Protect

I have written extensively on this topic in this Avoiding Liability Bulletin and elsewhere. Over the years, statutes may have been [...]

Have Questions? click here, We’re happy to help!