Dealing with Third Parties

Author(s):  
Joe Scroppo

This chapter provides guidance on managing the ethical, regulatory, and legal issues that arise when a third party seeks to intervene in the psychotherapist–patient relationship. The chapter reviews the concepts of confidentiality and privilege. The author identifies types of third parties that may try to impinge on the psychotherapist–patient relationship, discusses ways in which third parties can enter the relationship, and identifies reasons for such impingement. A set of guidelines that psychotherapists can apply when confronted with an attempted or actual third-party penetration of the treatment relationship is offered. The following situations are covered: when a psychotherapist is mandated to involve a third party in the relationship (mandated reporting); when a patient authorizes a psychotherapist to involve a third party; when there is a legal demand for involvement in the relationship (subpoena or court order); and when the psychotherapist or client invite a third party into the relationship.

2018 ◽  
Vol 49 (4) ◽  
pp. 1453-1474 ◽  
Author(s):  
Benjamin J. Appel ◽  
Alyssa K. Prorok

This article examines the relationship between third-party actors and the intentional targeting of non-combatants in interstate war. It argues that war participants kill fewer civilians in war when their expectation of third-party punishment is high. Combatants will anticipate a high likelihood of third-party sanctions when their alliance and trade networks are dominated by third parties that have ratified international treaties prohibiting the intentional targeting of non-combatants. The study hypothesizes that war combatants kill fewer civilians in war as the strength of ratifiers within their alliance and trade networks increases. Quantitative tests on a dataset of all interstate wars from 1900–2003 provide strong statistical and substantive support for this hypothesis.


2017 ◽  
Author(s):  
Tracy D. Gunter

Psychiatrists routinely encounter legal and regulatory issues in the practice of psychiatry. This review provides an overview of the psychiatrist’s duties and responsibilities in the doctor-patient relationship and common legal issues arising in clinical practice, with reference to US statutory and regulatory practices. The field of forensic psychiatry is described, and the roles of the forensic evaluator and the treatment provider are compared. This review contains 2 figures, 5 tables, and 64 references. Key words: civil commitment, confidentiality, duty to third parties, forensic psychiatry, guardianship, gun ownership, medical decision making, medical marijuana, risk assessment 


2013 ◽  
Vol 4 (2S) ◽  
pp. 21-30
Author(s):  
Riccardo Fresa

Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004). But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.


2017 ◽  
Author(s):  
Tracy D. Gunter

Psychiatrists routinely encounter legal and regulatory issues in the practice of psychiatry. This review provides an overview of the psychiatrist’s duties and responsibilities in the doctor-patient relationship and common legal issues arising in clinical practice, with reference to US statutory and regulatory practices. The field of forensic psychiatry is described, and the roles of the forensic evaluator and the treatment provider are compared. This review contains 2 figures, 5 tables, and 64 references. Key words: civil commitment, confidentiality, duty to third parties, forensic psychiatry, guardianship, gun ownership, medical decision making, medical marijuana, risk assessment 


2019 ◽  
Vol 64 (1) ◽  
pp. 111-119 ◽  
Author(s):  
Michelle Giacobbe Allendoerfer ◽  
Amanda Murdie ◽  
Ryan M Welch

Abstract How can information campaigns of nongovernmental human rights organizations (HROs) to “name and shame” human rights violators improve human rights conditions? Is the effect direct—does HRO targeting induce violating states to change their behavior? Or is the effect indirect—does pressure by third parties mediate the relationship between HRO actions and changes in human rights practices? The boomerang and spiral models suggest HRO activity provokes third parties, such as other states and international organizations, to pressure violating states. This pressure, in turn, drives violating states to improve human rights conditions. On the other hand, recent empirical work finds third-party pressure can further degrade human rights conditions. In this paper we provide a comprehensive analysis of how these individual factors—HRO activities and pressure from third parties—work together in the larger chain of causal events influencing human rights conditions. Using a causal mediation model, we examine whether HRO campaigning improves human rights directly or if the effect is mediated by costs imposed by powerful actors through sanctions and military interventions. We find that, although HRO activities have an overall positive effect on human rights conditions, the negative effects of third-party pressure somewhat diminish the positive effects.


2015 ◽  
Vol 8 (1) ◽  
pp. 74-91 ◽  
Author(s):  
Miia Martinsuo ◽  
Rami Sariola

Purpose – The purpose of this paper is to increase understanding on the emergence of mutually beneficial relationships between component suppliers and third parties in projects, and their interaction practices in the project and potential new services. Design/methodology/approach – A qualitative, exploratory research strategy is employed in the context of construction projects, with construction component manufacturers as the focal component suppliers. In total 22 interviews were conducted with structural engineers and architects as relevant third parties, to discover the specifics of component suppliers’ third-party relationship development in construction projects. Findings – The results show the crucial role of third parties in the constructor’s and customer’s decision-making process, and various ways for component suppliers to develop the relationship toward the third parties. The results offer important knowledge about the cooperation between construction component suppliers and third parties and means to increase the centrality of component suppliers in the project network. Research limitations/implications – The research was delimited to structural engineers and architects as third parties in construction projects in one country. Further research is encouraged on third-party cooperation in other kinds of project networks, other kinds of third parties, and the various forms of triadic cooperation in project networks. Practical implications – The results encourage component suppliers to take a proactive approach in developing relationships with third parties, when strengthening their network position. The paper introduces practical ways in which component suppliers may take action toward generating powerful main contractor-supplier-third-party triads. Originality/value – Limited research attention has been directed at third parties and triadic cooperation in project networks. This paper offers important knowledge about the relationship between component suppliers and third parties, particularly in terms of third parties’ expectations and practical initiatives to enhance the relationships.


2019 ◽  
pp. 147737081988751
Author(s):  
Roxana Willis ◽  
Carolyn Hoyle

This article examines whether and how ‘street culture’ affects offender communication and reception in restorative justice. Drawing on an archival dataset of police-led restorative justice conferences, we analysed the relationship between street cultural capital and offenders’ ability to communicate during restorative justice. We explored how offenders’ social background, measured by street cultural capital, and/or communication abilities affect third-party perceptions of offender sincerity and their likelihood to reoffend. Results indicate that the embodiment of street cultural capital may affect offender participation in restorative justice. Socioeconomically disadvantaged offenders appeared more likely to experience communication difficulties, and were less likely to be perceived by third parties as sincere or willing to desist from offending. These findings are considered within a theoretical framework that draws on Bourdieu’s concept of cultural capital, Skeggs’ notion of inscription and Loftus’ research on ‘attitude tests’.


2003 ◽  
Vol 13 (2) ◽  
pp. 142-150 ◽  
Author(s):  
Thomas E. Burroughs ◽  
Amy D. Waterman ◽  
Barry A. Hong

Although living kidney donors' experiences with donation have been studied, questions of potential bias in retrospective donor reports remain. This study examined the experience of living kidney donation from 3 perspectives: those of the donor, the recipient, and a third party involved with the donation (ie, a donor triad). Surveys were completed with 174 donor triads to examine triad members' perceptions of donors' concerns before transplantation, whether these concerns came true after transplantation, the donors' experiences with surgery and recovery, and whether they would make the same decision again today. Triad members all agreed that donors were highly satisfied with their donation experience and that the relationship between recipient and donor improved after transplantation. Although recipients and third parties correctly identified the donors' primary concerns, they underestimated the prevalence of 16 of 18 donor concerns, including the donors' willingness to make the same decision again. Recipients also overestimated how painful and difficult the surgery and recovery were for donors. The results suggest that retrospective studies of donors may not be marred by significant misreporting or memory biases and that better education about the donation experience for the entire donor triad might provide better social support for donors, reduce recipients' guilt about donors' pain, and increase donation rates overall.


2018 ◽  
Vol 55 (4) ◽  
pp. 445-459 ◽  
Author(s):  
Matthew DiLorenzo ◽  
Bryan Rooney

Uncertainty about resolve is a well-established rationalist explanation for war. In addition to estimating the resolve of immediate rivals, leaders choose their actions in a crisis based on expectations about how third parties will respond. We argue that leaders will become more likely to develop inconsistent estimates of rivals’ relative capabilities and resolve – and thus will become more likely to fight – when domestic political changes occur in states that are allied with an opponent. We also consider how the relationship between conflict in rivalries and third-party domestic change depends on domestic political institutions in the third party. We argue that this effect should only hold when a challenger does not also share an alliance with the third party, and that the effect should be strongest when the third party is a non-democratic state. We test our theory using a dataset of changes in leaders’ domestic supporting coalitions and data on militarized interstate disputes from 1920 to 2001. Consistent with our hypotheses, we find that the likelihood of conflict increases in rivalries only when domestic coalition changes occur in states that share an alliance with only one member of a rivalry, and that this effect is strongest and most consistent for non-democratic third parties.


2018 ◽  
Vol 1 (1) ◽  
pp. 34-49
Author(s):  
Laely Purnamasari

The development of operating revenue in Syariah Mandiri Bank is quiet excellent along with the increasing awareness of Muslims in using Islamic banking services. However, the development of this revenue is not accompanied by proportional increase in net operating income. This article focuses on the discussion of the relationship of operating revenue, operating expense and profit sharing of third parties and their effects on net operating income at Syariah Mandiri Bank. The purposes of this research are to describe and analyze the relationship of operating revenue, operating expense and profit sharing of third parties and their effects on net operating income both partially and simultaneously. The research method used descriptive and verification. The results showed that the operating revenue and the operating expenses had a strong relationship with the third party profit sharing. For the results of the third parties, the operating revenue and the operating expenses partially were not proven to significantly affect the net operating income but the operating revenue and the operating expenses were proven to affect the net operating income significantly. From this research, it was also known that the operating revenue component that most influenced net operating income was the mudharabah income and the operating expenses that most influenced net operating income was the loss expense for the elimination of productive assets.Perkembangan pendapatan usaha pada Bank Syariah Mandiri sangat baik seiring dengan semakin tingginya kesadaran umat islam dalam menggunakan layanan perbankan syariah. Namun perkembangan pendapatan ini ternyata tidak disertai dengan kenaikan laba usaha secara proporsional. Artikel ini akan memfokuskan pada pembahasan mengenai hubungan pendapatan usaha, beban usaha dan bagi hasil pihak ketiga serta pengaruhnya terhadap laba usaha pada Bank Syariah Mandiri. Adapun tujuan penelitian ini adalah mendeskripsikan dan menganalisis hubungan pendapatan usaha, beban usaha dan bagi hasil pihak ketiga serta pengaruhnya terhadap laba usaha baik secara parsial maupun simultan. Metode penelitian yang digunakan adalah deskriptif dan verifikatif. Dalam penelitian ini akan menguji hubungan  pendapatan usaha, beban usaha dan bagi hasil pihak ketiga, serta pengaruhnya terhadap laba usaha. Berdasarkan hasil penelitian dan pembahasan, dapat ditemukan bahwa pendapatan usaha dan beban usaha memiliki hubungan yang kuat dengan bagi hasil pihak ketiga. Bagi hasil pihak ketiga, pendapatan usaha dan beban usaha secara parsial tidak terbukti mempengaruhi laba usaha secara signifikan namun pendapatan usaha dan beban usaha secara simultan terbukti mempengaruhi laba usaha secara signifikan. Dari penelitian ini juga diketahui komponen pendapatan usaha yang paling mempengaruhi laba usaha adalah pendapatan mudharabah dan beban usaha yang paling mempengaruhi laba usaha adalah beban kerugian penghapusan aset produktif.


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