The American Psychoanalytic Association has affirmed its support for Dr. Joseph E. Lifschutz, a California member of the Association, who is involved in a complicated legal fight in support of the principle of the confidentiality of communications between a psychoanalyst and his patient. At the meeting of the Council in May, 1969, two resolutions were unanimously adopted:
“Resolved: That the membership of the American Psychoanalytic Association affirms the necessity of confidentiality between patient and psychoanalyst. Be it further
“Resolved: That the membership of the American Psychoanalytic Association adheres to the position that disclosure of communications from and to a patient impairs the ability of the psychoanalyst to serve his patient and to practice his profession.”
Dr. Lifschutz became involved in this legal struggle when he was ordered by a California court to disclose
information about one of his former patients who is the plaintiff in a personal injury case. Under California law the plaintiff in such a legal action is required to waive confidentiality. Dr. Lifschutz has taken the position that such a technical waiver is not necessarily a free and intentional act, and any such patient does not and cannot know what confidential information he is exposing by his waiver. Thus Dr. Lifschutz claims the waiver cannot be an informed one, and has refused to disclose any information about his patient.
The case has gone through a series of complex legal steps which may in time lead to Dr. Lifschutz' being cited for contempt of court and facing the possibility of a jail sentence. Legal counsel for the Association has kept in close touch with the situation. It is their belief that since the current contention is over procedural legal questions, there would be no immediate advantage in having the A.Psa.A. play an active legal role in the case; a more active role may be possible and useful at later stages of the proceedings. It is the intention of the Executive Committee to keep the membership informed of developments.
President Astley, in a memorandum to the members of the Association, took note of the fact that Dr. Lifschutz has incurred heavy financial obligations in this long legal struggle and has exhausted his own resources. It is possible for members who wish to assist him in defraying the costs of the legal action to send contributions to the Joseph E. Lifschutz Legal Fund, c/o Northern California Psychiatric Society, 219 10th Avenue, San Francisco, California 94118.
Counsel both in California and New York are of the opinion that contributions to the legal defense of Dr. Lifschutz would be deductible for tax purposes as a business expense.