The Teacher’s Manual for our text recommends that you use this outline to think about the material in this chapter, which follows the “standard tort framework of duty, breach, causation, damanges, and defenses “(Reisner, Slobogin & Rai, 2004, Teacher’s Manual).
Course text has to be incorporated
1. Duty to disclose “material”. . .
c. alternative treatments
2. Breach – failure to disclose or inadequate disclosure
3. Causation – undisclosed information would have caused patient to forgo treatment
4. Damages – physical (and perhaps psychological) injury caused by the treatment, even if treatment is not negligently performed (and even if patient would have gotten worse without treatment)?
a. emergency (rarely applicable in mental health treatment situations, as opposed to medical trauma cases)
b. incompetency, unconsciousness
c. therapeutic exceptions in some jurisdictions (i.e., risks that information will be psychiatrically harmful
d. patient “waiver” in some jurisdictions (i.e., patient should have known of risks or patient indicated he/she didn’t want to know of them).