Disclosure of severe psychiatric patient’s confidentiality by psychiatrist

Abstract

Psychiatric patient is the person who defects in his/her consideration, emotion and behavior which affects to irregular livelihood with others or such a deficiency is occasionally severe to the third person’s life or properties. Therefore, the disclosure of psychiatry’s confidentiality concept is appeared to prevent the public from psychiatry’s danger, in case of that confidentiality may be harming himself, the third person or the public. Presently, Thai law also has this provision, nevertheless, it is still absent of necessary provisions, namely it does not provide a clear guidelines for the psychiatrist that how do psychiatrist have to disclose? And disclose to whom or any organization? As well as, there is no proceeding to prevent the peril or harm from the patient. In addition, there is no immunity of the psychiatrist who discloses it, hence, avoiding from dilemma which may be occurring, he decides to keep the information secret. Consequently, the disclosure of confidentiality provision in Thai law could not be achieved intendment of law. To resolve such a problem and prevent third person or victim from peril of psychiatric patient and increasing effectiveness of the law, researcher suggests amending the law by 1. Make it a duty for psychiatrists to disclose serious harm caused by patients who are deemed dangerous 2. Provided the immunity from civil and criminal liability to a psychiatrist who discloses it. 3. Provided clinical guideline and clinical standard of risk assessment setting the standard to all psychiatrists 4. Assigned organization and agent to protect public from such patients 5. Amending related law to be consistent with aforesaid measures.