Literature DB >> 11443695

Current analysis of the Tarasoff duty: an evolution towards the limitation of the duty to protect.

D M Walcott1, P Cerundolo, J C Beck.   

Abstract

In 1976, the Tarasoff case established a new legal duty to protect third parties from a psychiatric patient's foreseeable violence. After the Tarasoff case, courts expanded the scope and role of a clinician's duty to protect, sometimes in novel ways. Later interpretations of Tarasoff began to limit significantly the situations in which a duty to protect would attach. Recent Tarasoff-type cases in which courts have rejected the clinician's duty to warn suggest that Tarasoff is declining in significance. The advent of state statutes that codify the establishment and discharge of Tarasoff duty have contributed to a further limitation of the duty to protect. Lastly, when faced with the management of dangerous patients, we advocate for a thorough, well documented assessment of risk of violence as the best means for addressing concern about potential legal liability. Copyright 2001 John Wiley & Sons, Ltd.

Entities:  

Keywords:  Legal Approach; Mental Health Therapies; Professional Patient Relationship

Mesh:

Year:  2001        PMID: 11443695     DOI: 10.1002/bsl.444

Source DB:  PubMed          Journal:  Behav Sci Law        ISSN: 0735-3936


  2 in total

1.  Tarasoff duties in prisons: community standards with certain twists.

Authors:  Emil R Pinta
Journal:  Psychiatr Q       Date:  2010-06

Review 2.  The physician's unique role in preventing violence: a neglected opportunity?

Authors:  John C Umhau; Karysse Trandem; Mohsin Shah; David T George
Journal:  BMC Med       Date:  2012-11-23       Impact factor: 8.775

  2 in total

北京卡尤迪生物科技股份有限公司 © 2022-2023.