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February 9, 1971. PANEL ON CONFIDENTIALITY. Nathan N. Root, M.D., Chairman.
Dr. Root stated that this Panel discussion was an outgrowth of a meeting of the Board of Directors of the New York Psychoanalytic Society concerning a test case being litigated by Dr. Joseph Lifschutz, a member of the San Francisco Psychoanalytic Society. Dr. Lifschutz argued the right of the psychotherapist to maintain the confidentiality of a patient's communications, even when the patient waives that right in court.
Dr. Jay Katz defined three terms central to the discussion. 'Confidentiality' in the physician-patient relationship means that the patient may assume that there will be no passing on by the physician of information communicated to him by his patient. 'Privileged communication' designates a legal right belonging to the patient and not to the physician; it means that the physician may not testify concerning anything imparted to him by his patient unless the patient has given his specific authorization to do so in court. The legal concept of 'privacy' as a