NINETEEN SEVENTY-ONE AMENDMENT OF THE ILLINOIS STATUTE ON CONFIDENTIALITY - A NEW DEVELOPMENT IN PRIVILEGE LAW

• NCJ Number: 7010
• Journal: American Journal of Psychiatry Volume: 129 Issue: 3 Dated: (SEPTEMBER 1972) Pages: 311-315
• Author(s): J S BEIGLER
• Date Published: 1972
• Length: 5 pages
• Corporate Author: American Psychiatric Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF A STATUTE ALLOWING CONFIDENTIALITY PRIVILEGE TO BE INVOKED WHEN A PSYCHIATRIST'S PATIENT ALLEGES HIS MENTAL CONDITION AS AN ELEMENT OF HIS CIVIL CLAIM.

Abstract

AFTER REVIEWING THE HISTORY OF PRIVILEGE LAW IN PSYCHIATRY, THE AUTHOR DESCRIBES A NEW ILLINOIS STATUTE THAT MODIFIES THE PATIENT-LITIGANT EXCEPTION SO THAT BOTH PATIENT AND PSYCHIATRIST HAVE PRIVILEGE IN DIVORCE CASES EVEN THOUGH MENTAL CRUELTY IS THE GROUND FOR DIVORCE UNLESS EITHER THE PATIENT OR PSYCHIATRIST INTRODUCES TESTIMONY CONCERNING COMMUNICATIONS BETWEEN THEM. HE ALSO NOTES THAT A RECENT ILLINOIS APPELLATE COURT RULING PROTECTS CONFIDENTIALITY IN PERSONAL INJURY CASES WHEN PAIN AND SUFFERING ARE CLAIMED.