CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Exceptions
............Dangerous Patient
 15 Cards On This Topic:
  • No privilege if patient danger to himself or others.
  • When therapist determines, or should determine, that patient poses serious threat to another, s/he has duty to warn intended V.
  • Trial court erred in releasing SVP's psych. records and admitting E's testimony re dangerous patient exception; error, not prejudicial under Watson, did not require reversal.
  • Psychotherapist-patient privilege applies to exclude Ds' statements to psychiatrist only to extent statements did not meet requirements of dangerous patient exception.
  • Therapist permitted to reveal at later trial both substance of therapist's warning to potential V and patient's statements causing warning; D's subsequent waiver of privilege not coerced by correct ruling.
  • When disclosure by therapist permitted because D made threats about V, disclosure limited to D's statements re threats.
  • Privilege does not reattach once threat to V ceases.
  • Once therapist reveals D's threats per Evid. Code §1024, privilege is lost and communications no longer confidential.
  • Psychiatrist whose patient shot Ps' family members was entitled to SJ as he did not owe 3d-party Ps a duty of care, and they could not establish threshold element of medical negligence claim.
  • Psychotherapist not liable for failure to warn where neither deranged, suicidal patient nor his family had communicated serious threat of physical violence against girlfriend or her family.
  • Trial court did not violate psychotherapist-patient privilege by imposing probation condition requiring juvenile's health and psych treatment records be provided to court and PO on request.
  • SJ reversed where communication to therapist by patient's father of patient's threat to kill or cause grave bodily injury to V raised triable issue concerning therapist's duty to warn victim.
  • If psychotherapist actually believes/predicts a patient poses serious risk of inflicting grave bodily injury on another, it's not material that the belief/prediction was premised on information derived from patient's relative.
  • If preliminary facts supporting application of Evid. Code §1024 exist prior to injury or death of V, then there is no privilege.
  • Psychiatric records of patient may be discoverable in action against hospital for injuries resulting from its failure to warn of danger from patient. Procedures.


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