privileged communication


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privileged communication

[priv′ilijd]
a legal term used in court-related proceedings concerning the right to reveal information that belongs to the person who spoke. It may prevent the listener from disclosing the information without the permission of the speaker. Privileged communication may exist between a patient and a health professional only if the law specifically establishes it.

privileged communication

Forensic medicine Communication between a psychotherapist or a physician and Pt which is protected from public disclosure, unless the therapist is legitimately concerned that criminal acts against others could be committed, and could be prevented by disclosure of said communication to proper authorities. See Privilege, Tarasoff v Regents of the University of California.

privileged communication

Confidential information furnished (to facilitate diagnosis and treatment) by the patient to a professional authorized by law to provide care and treatment. In some states, the person who has received this communication cannot be made to divulge it. When this is the case, communication between the patient and the recipient is classed as privileged.

Information given by the patient with the family present may not be considered privileged.

See also: communication
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References in periodicals archive ?
202) Some attorneys have voiced concerns over disintegration of client trust and the deterioration of client relationships as a result of the NSA's receipt of privileged communications.
For example, if a party testifies at a deposition about privileged communications with her psychotherapist, the trial judge may review the deposition transcript (with or without countervailing evidence) and determine whether or not the party has waived the privilege.
Most of those situations have both a legal and ethical component, which requires an understanding of the concept of privileged communication.
If privileged communications become part of an affidavit, what effect, if any, will this have on the evidence collected as a result of this court order?
The opinion noted that the party invoking the privilege has the burden of proving that: (1) an attorney-client relationship existed, (2) the particular communications were intended to be confidential, [303] (3) the communications were made for the purpose of obtaining legal advice or [304] assistance, and, (4) "the key question in determining the existence of a privileged communication is whether the client reasonably understood the conference to be confidential.
17) Facts do not become protected because they have been included in a privileged communication.
Ethical and functional guidelines dictating the application of confidentiality and privileged communication are critical for the relationship to be successful" (Pollack, 1997, p.
1990) (finding no loss of privilege where attorney negligently revealed privileged communication and no precautions had been taken).
New material on the management of sensitive, private student information and a revised section on privileged communication
To be effective advocates for their clients' rights, school counselors must have a good grasp of issues related to the following concepts: the legal status of minors and the legality and ethics of privacy, confidentiality, privileged communication, and informed consent.
Still, in many states, certification serves an advantage by making conversations between peer supporters and other officers privileged communication.