Legal Question in Criminal Law in Kentucky

Mental Health Employee Seeks Protection from a patient without breaching confide

I am as a mental health employee in a hospital setting, and have been notified by a psychiatrist that a patient has made serious threats of death toward me. The patient is legally sane and is not responding to any type of hallucination nor is her diagnosis such that she is not legally liable for her actions and comments. The psychiatrist has informed me due to his professional obligations and has provided me with a copy of a signed, handwritten list of the specific threats. The doctor has also informed me that this patient, based on her personal history and present behavior, will act on her threats. The patient has a history of violent crimes against others, but is not under any type of court commitment at the present time. I am an experienced mental health employee. I agree with the doctor's evaluation of the situation and understand the reality of her intentions. This patient was scheduled for discharge, but those plans are terminated due to her being a danger to others. I need to protect myself and my family. How can I go about notifying the authorities of the threats and possibly seeking a court commitment for this patient without breaching confidentiality laws in Kentucky?


Asked on 8/18/03, 1:21 am

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Mental Health Employee Seeks Protection from a patient without breaching con

It seems to me, without doing any research, that any confidentiality rules would not apply. The doctor who warned you of the threats believed that he or she had the right/obligation to do so. That communication, if I read your situation correctly, was not to seek your professional advice about treatment, but rather to warn you of the possible danger. That was not a confidential communication.

Further, it appears that you have had no direct communication with the patient and therefore no direct confidential communications.

Speak to the doctor and advise him/her of your intention to seek legal protection. If the doctor objects based on confidentiality, you can have a more throrough review of the confidentiality issues than that provided by this "off the cuff" answer.

Good luck.

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Answered on 8/18/03, 5:35 am


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