On June 2, 1970 Dr. Joseph E. Lifschutz concluded a two-year legal battle on the issue of confidentiality when the contempt of court citation lodged against him was lifted by a California Superior Court Judge. It is generally believed that Dr. Lifschutz's steadfast legal stand has resulted in increased protection for the confidentiality of the physician-patient relationship.
In mid-1968 Dr. Lifschutz, a San Francisco psychoanalyst and member of the APsaA, had been ordered by a California court to reveal information concerning a former patient who was the plaintiff in a personal injury case. Under California law the plaintiff in such a case in effect surrenders the privilege of confidentiality; Dr. Lifschutz wished to establish absolute confidentiality for the patient-psychiatrist relationship, so that the doctor could not be made to testify even if the patient were to give him permission to do so.
His refusal to testify was fought through the California courts and in the Fall of 1969 the U.S. Supreme Court declined to review the case. In December of that year, upon maintaining his refusal to testify, Dr. Lifschutz was abruptly jailed for contempt, but was released shortly thereafter pending a review by the Superior Court of California. In ruling on the contempt order that resulted in Dr. Lifschutz's jailing, the Court declared that the legal waiving of confidentiality is not total when a person brings suit. It applies only to those communications relevant to the patient's suit.
With this limitation established, Dr. Lifschutz, when further questioned in court, acknowledged only that he had treated the plaintiff and furnished the date of the treatment. This testimony on his part was considered sufficient to allow for the reversal of the contempt citation.
Dr. Lifschutz has asked the Newsletter to convey to the members of the Association his great gratitude for the support, both moral and material, which made it possible for him to pursue this long legal struggle to a favorable conclusion.