Informed Consent
Therapeutic Privilege
Therapeutic Privilege (or therapeutic exception) refers to an uncommon situation where a doctor may be excused from revealing information to a patient when there is sufficient evidence that the patient is not psychiatrically or emotionally stable enough to handle that particular information.
The disclosure of the information itself should pose serious and immediate harm to the patient, such as prompting suicidal behavior.
According to the Supreme Court of Canada, the scope of disclosure can sometimes be narrowed.
In both Reibl v Hughes and Hopp v Lepp the court anticipated that a doctor would have some discretion to vary the information given to a patient to reflect the emotional conditions or factors affecting the patient.
However therapeutic privilege should be applied only to very exceptional circumstances, otherwise it negates the patient's right to be informed.
Canadian and US courts have a restrictive approach to therapeutic privilege. There is no justification to withhold information incase this will "scare off" the patient from having any therapy.
Saxon v Teik Huat Tai: Australian case where the doctor claimed the defense of therapeutic privilege because the patient was very anxious and had a history of depression. The court concluded that this was not sufficient justification for withholding information and the doctor was found liable.
