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Standards for informed consent in recovered memory therapy.

J Cannell1, J I Hudson, H G Pope

  • 1Biological Psychiatry Laboratory, McLean Hospital, Belmont, MA, USA.

The Journal of the American Academy of Psychiatry and the Law
|July 27, 2001
PubMed
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Therapists must inform patients about the risk of false memory recovery during psychotherapy. Failing to disclose this risk, as highlighted in Canterbury v. Spence, can lead to malpractice suits.

Area of Science:

  • Psychology
  • Law
  • Medical Ethics

Background:

  • Increasing malpractice suits against therapists involve allegations of instilling or recovering false memories of sexual abuse.
  • Failure to obtain informed consent, specifically regarding the risk of false memory recovery, is a primary legal concern.
  • The landmark Canterbury v. Spence case established a legal standard for informed consent, emphasizing patient informational needs over professional norms.

Purpose of the Study:

  • To analyze the legal and ethical obligations of psychotherapists concerning informed consent in cases involving memory recovery.
  • To determine if existing literature by the early 1990s provided sufficient warning about the potential for false memory creation.

Main Methods:

  • Review of legal standards for informed consent, particularly the Canterbury v. Spence ruling.
Keywords:
Legal ApproachMental Health TherapiesProfessional Patient Relationship

Related Experiment Videos

  • Analysis of scientific and professional literature available by the early 1990s regarding false memory risks.
  • Examination of malpractice case trends related to recovered memories.

    • Main Results:

    • A significant body of information existed by the early 1990s warning psychotherapists about the risk of false reports of abuse.
    • The legal standard requires disclosure of material risks impacting patient decisions.
    • Malpractice awards in these cases have been substantial.

    Conclusions:

    • Psychotherapists have an ethical and legal duty to inform patients about the potential risk of recovering false memories.
    • This disclosure should be considered a material risk under the informed consent doctrine.
    • Failure to warn about false memory risks violates the standard of care and informed consent principles.