Padua
Verified Expert
- Joined
- Sep 22, 2009
- Messages
- 575
- Reaction score
- 11
HIPAA doesn't prevent a doctor from protecting others from a patient that poses a threat. A doctor has a duty to warn those at risk and a duty to commit that patient. This is the one time HIPAA can basically be bypassed. Here is the case that allowed this to happen after a mental illness patient murdered someone he told his doctor he was going to. Back then doctors weren't allowed to break their doctor-patient relationship. Now they are.
http://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California
My thought on this. JH isn't a uneducated man seeking treatment. He was educated about the process. He knew if he had made threats his doctor would immediately alert the proper authorities. He didn't want his plans messed up. So, IMO he didn't hint at harming himself or others.