Can my therapist legally email my mom when I’m 18, not a danger to myself or others and I told her not to send an email?

Yet she sent it anyway. In the email my therapist tells my mom something I told her (nothing bad, It’s just my business). It also has a sentence that is completely false. In the email she tells my mom ” I thought you deserved an update” (then continues to tell her my info). I am under my mom’s insurance plan, but this email did not discuss anything regarding money or a summery of what she’s paying for. I feel betrayed and don’t trust her now because I was under the impression that she could not tell anyone anything I said unless I was a danger to myself or others (which I’m not) or if someone was a danger to me.

Asked on September 23, 2014 under Malpractice Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a psychotherapist / patient privilege of confidentiality which prohibits disclosure of confidential communications in the course of the psychotherapist / patient relationship without your consent.

You could sue the psychotherapist for negligence for violating the psychotherapist / patient privilege of confidentiality.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be for emotional distress caused by the psychotherapist's unauthorized disclosure of confidential information.


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