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NOTE: This message was sent thru a mail2news gateway. No effort was made to verify the identity of the sender. -------------------------------------------------------- >[EMAIL PROTECTED] (Nomen Nescio) wrote in >news:[EMAIL PROTECTED]: > >> Can a waiver be written by an attorney preventing a lawsuit, or loss >> of license to practice, for a licensed therapist in NY that would >> prevent prosecution of the therapist if the patient committed suicide? >> >> I know that there is an exemption from confidentiality in all 50 >> states regarding "harm to self or others" but is there a way that this >> can be overriden by a signed waiver by the patient, thus protecting >> the career of the therapist and continue to enable treatment of the >> patient. >> >> The patient has suicidal ideations but cannot express them if >> threatened with hospitalization (PTSD is one of the diagnoses) and if >> they cannot express them it creates a double bind as true feelings >> cannot be spoken about in a therapeutic environment. There are also >> severe trust issues involved. >> >> Hospitalization is not in the best interest o the patient, even for a >> short time, as it would exacerbate the condition of the patient (the >> patient has been hospitalized before and seriously attempted suicide >> upon release without informing anyone of intent and the release >> written by psychiatrists specifically stated that the patient was of >> no harm to self or others). > >Protect the therapist against prosecution by who for what? Protect the therapist from legal action or losint their license for a patient committing suicide when they know the patient is very suicidal, has a history of attempts, is suffering from major depression and PTSD. Hospitalization is contraindicated as it aggravates the PTSD symptoms and the last time the patient was hospitalized and released "with no signs of danger to self or others" went home and took a serious overdose without calling anyone and almost died from choking. I have found out from an attorney that a waiver cannot be made and that the therapist could be prosecuted. So my question was answered by a lawyer. Thank you.
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