Re: How to Get a Mental Health Professional to Testify in Court
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Quoting
cbg
And I'm wondering why Jules raised the question of patient therapist privilege if it's irrelevant.
It's not irrelevant. It is the only thing that matters to OP's question. Whether or not he can compel the therapist to testify depends ENTIRELY on the therapist-patient privilege. Hipaaaah has nothing to do with it.
Nothing else matters.
Refer back to my other posts if you have questions about the issues that arise wrt the couples v. individual counseling.
Please stop trying to lead the OP down the wrong path. You guys are legal knuckleheads with nothing better to do than play lawyers on the internet.
Re: How to Get a Mental Health Professional to Testify in Court
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Quoting
JulesJam
It's not irrelevant. It is the only thing that matters to OP's question. Whether or not he can compel the therapist to testify depends ENTIRELY on the therapist-patient privilege. Hipaaaah has nothing to do with it.
Nothing else matters.
Refer back to my other posts if you have questions about the issues that arise wrt the couples v. individual counseling.
Please stop trying to lead the OP down the wrong path. You guys are legal knuckleheads with nothing better to do than play lawyers on the internet.
PKB. :jaded:
Re: How to Get a Mental Health Professional to Testify in Court
Quote:
Quoting
JulesJam
It's not irrelevant. It is the only thing that matters to OP's question. Whether or not he can compel the therapist to testify depends ENTIRELY on the therapist-patient privilege. Hipaaaah has nothing to do with it.
Nothing else matters.
Refer back to my other posts if you have questions about the issues that arise wrt the couples v. individual counseling.
Please stop trying to lead the OP down the wrong path. You guys are legal knuckleheads with nothing better to do than play lawyers on the internet.
Oh but something else might matter a great deal.
I'm waiting for the OP to return.
(And regular season - but that's a whole 'nother matter)
Re: How to Get a Mental Health Professional to Testify in Court
I think my recent certificate updating my HIPAA training and I are taking a broader look at the question and suggest that Jules is the one misleading the OP.
Re: How to Get a Mental Health Professional to Testify in Court
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Quoting
cbg
I think my recent certificate updating my HIPAA training and I are taking a broader look at the question and suggest that Jules is the one misleading the OP.
You're not a lawyer and don't know what you are talking about. You are some HR nimwit playing a lawyer on the internet.
There is no broader look - OP's attorney can subpoena the therapist and the only thing that can block him compelling the therapist from testifying is therapist-patient privilege.
You guys are really terrible getting off on trying to screw people with bad advice. Shame on you.
Re: How to Get a Mental Health Professional to Testify in Court
Ah.
http://forum.freeadvice.com/child-cu...ml#post3288768
*ahem*
- - - Updated - - -
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Quoting
JulesJam
You're not a lawyer and don't know what you are talking about. You are some HR nimwit playing a lawyer on the internet.
There is no broader look - OP's attorney can subpoena the therapist and the only thing that can block him compelling the therapist from testifying is therapist-patient privilege.
You guys are really terrible getting off on trying to screw people with bad advice. Shame on you.
If you actually had a clue, you'd have a bit more credibility.
Re: How to Get a Mental Health Professional to Testify in Court
Never claimed to be a lawyer. But if - and yes, I am saying if; we don't know for certain if this is the case or not but it is implied by what the poster states - the therapist is violating HIPAA, that is NOT irrelevant to the overall situation.
Re: How to Get a Mental Health Professional to Testify in Court
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Quoting
JulesJam
Since the therapist was a treating therapist in that he/she had your wife in individual therapy and you both in couples therapy, the therapist is a fact witness who can be subpoenaed for a deposition and should your divorce go to trial, to appear in court.
Except that as a fact witness, the therapist can decline to share professional opinions and, even if we presuppose that the court allows the testimony, given the nature of counseling the therapist would be a wildcard for the lawyer calling the therapist as an involuntary fact witness.
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Quoting JulesJam
Yes, the therapis would need to be paid the witness fees authorized by your court.
All witnesses must be paid witness fees, unless they decline the fees. Witness fees are modest. You do not have to pay a fact witness an expert witness fee, even if that witness might qualify as an expert, but by the same token the witness won't have to share professional opinions when testifying as a fact witness.
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Quoting
JulesJam
If subpoened, they have to comply or move to quash the subpoena. HIPAA does not trump a subpoena.
It is difficult for me to see a court not limiting or quashing a subpoena upon a showing that compliance would result in a violation of federal law.
Re: How to Get Mental Health Professional to Testify in Court
@Dogmatique: The therapist said she's bipolar with BPD, in denial and wont listen to others and unwilling to change, essentially that she doesnt think anything's wrong with her so she won't help herself, and that in the therapists experience (with 100s of patients with these disorders) relationships with such people never last so regardless of how much I may love her I will someday need to have a plan for when we inevitably split.
Also we work equal amounts of time and our daughter is with a sitter when we're working.
Re: How to Get Mental Health Professional to Testify in Court
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Quoting
frewer
@Dogmatique: The therapist said she's bipolar with BPD, in denial and wont listen to others and unwilling to change, essentially that she doesnt think anything's wrong with her so she won't help herself, and that in the therapists experience (with 100s of patients with these disorders) relationships with such people never last so regardless of how much I may love her I will someday need to have a plan for when we inevitably split.
Also we work equal amounts of time and our daughter is with a sitter when we're working.
This has absolutely nothing to do with whether or not she's unfit. At. All.
Do you realize how many bipolar patients have sole custody of their children?