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Zelda is a patient of Dr. Zessler, a psychiatrist treating her for extreme depression and bipolar disorder. Part of her bipolar illness causes her to become extremely angry about her family and what she sees as the favoritism her parents have shown to her brother. She has spent many sessions with Dr. Zessler talking about her jealously and hatred of her brother and how she wishes he "was out of her life." One day her brother is found dead in a public park where he regularly goes running. He has been shot five times. The police suspect Zelda of the crime and have heard that she has ben hostile to the victim. A judge issues a subpoena (and subpoena duces tecum) for Dr. Zessler's records seeking his notes and interview tapes with Zelda, Does Dr. Zessler have to surrender the material and why or why not? Yes - A subpoena is a judicial order and can never be ignored. No - These records are protected by the "therapist-patient privilege" and Dr. Zessler CANNOT be compelled to surrender them. Yes - He must do so because Zelda might be "dangerous" and might harm another person or member of the public. No - He can refuse to surrender them but may face a "contempt of court" citation.
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