Abstract
This chapter discusses the primary legal issues facing mental health professionals. The paramount concern of such professionals is the extent of the legal boundaries and exceptions to the psychiatrist/psychologist—patient privilege. Common law imposed liability upon persons only for their acts, or misfeasance, as opposed to their failure to act, or nonfeasance, regardless of whether harm ensued from the inaction. The threshold procedural requirements for securing involuntary civil commitment vary greatly from state to state and practitioners are encouraged to refer to the local law applicable to their practice for the specific procedures and requirements. Generally, courts have been reluctant to allow third-party malpractice actions against health-care professionals on grounds that no duty of care is owed to persons other than the patient. Whether to allow third-party actions for malpractice in misdiagnosing child sexual abuse has been based primarily on public policy concerns. Very few states have addressed the issue and are divided on the existence of a duty of care to the accused third parties.
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