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?

UPDATED: Sep 23, 2014

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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


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

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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