Commonwealth v. Lamb

Mental Health Court

Commonwealth v. Lamb

Case Year: 
1974
State of Origin: 
Massachusetts

In addressing the issue of patient-psychotherapist forensic evaluators in court ordered settings, the Court held that, “We construe G. L. c. 233, Section 20B, as preserving a patient's rights to keep privileged any communications made to a court-appointed psychotherapist in the case of a court-ordered examination, absent a showing that he was informed that the communication would not be privileged and thus, inferentially, that it would be used at the commitment hearing. In so doing we avoid considering whether the use of such statements in the absence of such warnings infringes upon the rights of due process guaranteed by the Fourteenth Amendment of the United States Constitution.”