Massachusetts Psychology Jurisprudence Practice Exam 2026 – Your All-in-One Guide to Exam Success!

The exception to privilege in a malpractice suit is triggered when a patient's mental health condition is questioned in their defense. In legal contexts, the concept of privilege generally protects communications between a patient and their therapist, meaning that a therapist cannot disclose such information without the patient's consent. However, when a patient puts their mental health condition at issue in a legal defense—such as in a malpractice case—this privilege can be waived.

In essence, if the patient is using their mental health status as part of their defense strategy, they are effectively challenging the confidentiality that usually would protect their therapy sessions. This creates a situation where the therapist may be required to testify about relevant information to the case, as the patient has invoked the topic, thereby removing the protection traditionally afforded by privilege.

The other scenarios do not invoke the same legal implications regarding privilege. Discussions about therapy feelings or changes in legal representation do not inherently put the patient's mental health at issue, nor does the contacting of a therapist for references. Thus, these scenarios would generally maintain the privilege that protects the confidentiality of therapy communications.