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From courtroom to couch. Working with repressed memory and avoiding lawsuits
1Santa Clara University School of Law, California, USA.
The Psychiatric Clinics of North America
|January 16, 1999
Summary
Therapists face lawsuits over "repressed memory" therapy, accused of implanting false memories instead of retrieving real ones. This article examines memory issues and offers guidance on ethical practice and legal protection.
Area of Science:
- Psychology
- Forensic Psychology
- Legal Medicine
Background:
- Litigation against therapists specializing in repressed memories has increased over the past decade.
- Allegations suggest that
Purpose of the Study:
- To explore the complex issues surrounding repressed, false, and implanted memories.
- To provide guidance on best therapeutic practices.
- To advise on avoiding legal liability in memory recovery therapy.
Main Methods:
- Review of legal cases and therapeutic methodologies.
- Analysis of psychological literature on memory.
- Examination of ethical guidelines in psychotherapy.
Main Results:
- Distinction between genuine repressed memories and potentially suggested or false memories.
- Identification of therapeutic techniques that may increase the risk of memory implantation.
- Legal precedents and common claims in repressed memory litigation.
Conclusions:
- Therapists must exercise caution and adhere to ethical standards when working with patients reporting repressed memories.
- Understanding the nuances of memory formation and retrieval is crucial for avoiding legal challenges.
- Best practices involve informed consent, corroboration of evidence, and avoiding leading questions.