therapeutic privilege
Legal doctrine allowing physicians to withhold information from patients when disclosure might cause serious harm, rarely applicable in forensic settings.
Full Definition
Therapeutic privilege is a legal and ethical doctrine that permits physicians to withhold medical information from patients when disclosure would likely cause serious psychological or physical harm. This exception to informed consent requirements is narrow and controversial, requiring clear evidence that standard disclosure would be detrimental to the patient's wellbeing. In forensic psychiatry, therapeutic privilege is rarely applicable since forensic evaluations are not conducted for therapeutic purposes and evaluees are not patients in the traditional sense. However, the concept may arise when forensic psychiatrists encounter unexpected findings that could affect an individual's mental state or when providing feedback about evaluation results. The doctrine requires careful documentation of the reasoning for withholding information and consideration of alternative ways to convey necessary information safely.
Usage
Usage note: Use cautiously in forensic contexts; distinguish from confidentiality and privilege concepts.
In Context
- "Therapeutic privilege rarely applies in forensic evaluations since the relationship is not primarily therapeutic." — ethics training material
- "Courts may question whether therapeutic privilege justifies withholding evaluation findings from forensic subjects." — legal ethics discussion