Maria, a patient, has been seeing Dr. Smith, a licensed psychotherapist, to address anxiety and depression. During her sessions, Maria discusses personal matters and her mental health. In a subsequent legal case where Maria is seeking a restraining order against her ex-partner, the opposing counsel attempts to obtain Maria's therapy records. Which of the following is most likely true regarding the admissibility of Maria's therapy records in court?
The therapy records are not subject to disclosure without Maria's consent.
The therapy records are disclosed as evidence.
The therapy records are admissible when related to the incident in question.
The therapy records are disclosed when Dr. Smith provides testimony.
Maria's therapy records are protected under the physician/psychotherapist-patient privilege, which prevents the disclosure of confidential communications without the patient's consent. Therefore, the records are not subject to disclosure in court unless Maria chooses to waive this privilege. The other options either incorrectly assert that disclosure is required or impose additional conditions that do not align with the privilege rules.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the psychotherapist-patient privilege?
Open an interactive chat with Bash
Under what circumstances can the psychotherapist-patient privilege be waived?
Open an interactive chat with Bash
Does the psychotherapist-patient privilege apply to all legal cases?
Open an interactive chat with Bash
Multistate Bar Examination
Evidence
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .