Clinical Documentation in the Legal Arena



 


 


 

HIPAA
 

 

 


 


 

 
 

Applicable Circumstances:

Regulatory Investigations / Ethics Review

Civil Actions (i.e., divorce actions, child custody disputes)

Criminal Actions against client

Lawsuits in which the mental health / emotional status of client is an issue (i.e., pain & suffering, disability, etc.)

Malpractice Actions Against Therapist (civil lawsuit)
 

For this Purpose the Record Should:

Reflect your capacity & duty to conceptualize a case & devise an appropriate treatment plan

Document the assessment of suicide risks & potential for violence (notation of assessment & determination it is not a clinical concern documents standard of care)
 

If a client is suicidal...

Document Assessment of Risk

List Options for Prevention

List Possible Interventions

If symptoms have medical component 
(i. e, depression, thought disorder, etc.)-- document considerations of this
 

Courts & external review boards view absence of documentation regarding services or events as evidence it never happened---

"If it's not on paper, it didn't happen!"


 

 

 

site designed & maintained by Judy C. Roberts