Reconciling the Patient's Right to Confidentiality and the Family's Need to Know

Abstract

Rather than assuming that confidentiality is an intransient problem, the authors conclude that dealing with the question of confidentiality sensitively presents clinicians with an opportunity to develop quality relationships with both clients and their families.

Development and Implementation of Family Involvement Standards for Behavioral Health Provider Programs

“…Concerns about confidentiality are sometimes used as a reason to avoid SPs, and staff may have fears of disrupting the relationship formed with their participant or breaking the law (Gray et al, 2008;Furlong & Leggatt, 1996;Nicholis & Pernice, 2009;Wynaden & Orb, 2005). Providers often lack experience dealing with these conflicts as well as not having the experience or the education to know how to work with and collaborate with SPs (Kaas et al, 2003;Kim & Salyers, 2008).…”

A strain towards consensus? The individual, the family, and New Zealand's mental health (compulsory assessment and treatment) amendment bill 1999

“…Formalising the rights of families/whanau in the compulsory assessment and treatment process was also informed by a growing recognition of the importance of family collaboration and involvement in die care, treatment, and recovery of people who experience mental health illnesses (Petrila & Sadoff (1992), Furlong & Leggat (1996), Szmukler & Bloch (1997, Emmet (1998)). …”

Families and Mental Illness: Contested Perspectives and Implications for Practice and Policy

“….Professionals deny themselves access to the wisdom of carers and hinder early diagnosis and accurate diagnosis. (MHCA, 2005; ARAFMI Tasmania, Submission #245) These problems exist despite the spirit of the various state and Commonwealth mental health policies that proclaim partnership between family carers and service providers, and various reports in the research literature about the management of confidentiality matters with family (Furlong & Leggatt, 1996;Veccio, Stephens, and Cybinski [2007]) studied Australian carer perceptions of service delivery and found that most carers reported that they received insufficient support from service providers. A recent survey of family carers by the Mental Health Council of Australia (MHCA, 2009) also confirmed that carers continue to feel ignored and excluded by treatment services.…”

“…Between these extremes is a range of care situations in which the needs and rights of the patient compete with the needs and rights of the family. The seminal work of Furlong and Leggatt (1996) remains relevant to managing this tension. They suggested that dealing with the question of confidentiality sensitively presents clinicians with an opportunity to develop quality relationships with both clients and their families (Furlong & Leggatt, 1996).…”