...Dissenting Tarasoff In the tragic case of Tarasoff versus the Regents of the University of California the majority ruled towards making the psychiatrist liable for not detaining the patient Poddar who had expressed intentions to harm Tatiana Tarasoff during counseling. The majority ruling makes the therapist liable for the death of Tarasoff for he knew that her life was in danger, thus creating a new “duty to warn” for all therapists. The dissenting argument expresses that due to the duty to warn clause violence will increase, because patients will no longer feel comfortable seeking treatment and revealing their issues to the therapist. In order to analyze the dissenting opinion the following questions must be answered: are therapists able and equipped to determine whether a patient is dangerous? Are therapists potentially sacrificing effective treatment by violating confidentiality under duty to warn? Are therapists better off without the duty to warn clause? During the next paragraphs the duty to warn clause will be shown to be a burden not only on both patients and therapists, but on society as a whole. In examining the case of Tarasoff, Judge Mosk presses that psychiatric predictions of violence are inherently unreliable. Psychiatrists already experience a lot of difficulty accurately diagnosing mental illness, and with this uncertainty the difficulty of determining whether a patient is a danger to society becomes even harder. The majority opinion assigned a responsibility...
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...Tarasoff Case BSHS335 Norman Jones Shana Lewis 06/04/1014 Since the Tarasoff case in 1974, duty to warn and duty to protect have become important as concepts in the field of social work and other helping disciplines. Being able to protect potential victims from harm and protecting clients from self-harm have become ethical obligations in social work practice. This area needs to be explored and understood by social work practitioners, educators, and social work students. Duty to warn and duty to protect have ethical implications for all social workers. Walcott, Cerundolo, and Beck (2001) describe the facts of the Tarasoff case. Prosenjit Poddar and Tatiana Tarasoff were students at UCLA. Poddar stated to the university health science psychologist that he intended to kill an unnamed woman, who was identified as Tatiana Tarasoff. Although the psychotherapist did not directly warn Tarasoff or the family, the psychologist notified the police, who interviewed Poddar for commitment. The police only warned Tarasoff to stay away. After Poddar returned for the summer from Brazil, he murdered Tatiana with a knife. Tarasoff’s family sued the campus police and the university health service for negligence. Walcott, Cerundolo, and Beck (2001) cite the second Tarasoff case, establishing a duty to protect. The Tarasoff case imposed a liability on all mental health professionals to protect a victim from violent acts. The first Tarasoff case imposed a duty to warn the victim, whereas...
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...Running head: EXPLORING CONFIDENTIALITY 1 Impacts of Tarasoff Jennifer Munoz COUN 6306-28 Walden University Impacts of Tarasoff The 1976 case Tarasoff v. The Regents of the University of California, initiated a nationwide legislature reform. The famous California Supreme Court case propelled most states to enact a form of “duty to warn” or “duty to protect” statutes (Simone & Fulero, 2005). Tarasoff has forever impacted the liability and responsibilities of medical professionals. This paper will review a Colorado state statute influenced by Tarasoff. It will further address the “duty to warn” and “duty to protect” dilemmas and the suitable ways to address them. Lastly, this paper will examine confidentiality challenges presented in Laureate Education Inc. (2012) video, Mental Health Counseling: Confidentiality. Colorado State Law Colo. Rev. Stat. § 13-21-117 defines the responsibilities of mental health professionals. It holds mental health professionals liable for their “duty to protect” third parties in cases in which clients communicate threat or harm (Colorado Legal Resources, 2012). The statute states that a mental health professional is not liable in civil court for the failure to warn or protect a third party from a client (Colorado Legal Resources, 2012). Furthermore, it adds that the professional is not held liable to predict their client’s behavior (Colorado Legal Resources, 2012). Though, it mandates that if...
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...Case: Tarasoff v. Regents of University of California (1976) 17 Cal. 3rd 425 Facts: Tatiana Tarasoff was a student at the University of California in Berkeley. She was on summer break in Brazil but little did she know that back at the university hospital there was a crazy person whom wanted to kill her. Prosenjit Poddar, an outpatient at the universities hospital was receiving therapy from a Dr. Lawrence Moore (Phycologist) and Dr. Gold (Therapist). In sessions with both Dr. Moore and Dr. Gold, Mr. Poddar had expressed his intention on killing Tatiana Tarasoff. A decision was made by the department of psychiatry to have Mr. Poddar detained by the campus police. Campus police conducted an interview and came to the conclusion that Mr. Poddar...
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...1) What is Tarasoff v Regents of the University of California and what does it mean for mental health professionals? Tarasoff v. Regents of the University of California set a precedent requiring mental health officials to notify a third party if their patient names them as a target of violence. The case ultimately led to legislation in 33 states, requiring physicians to warn an individual if they are in danger of being harmed. When there is "imminent, serious and unavoidable" threat of harm a mental health official may break confidentiality to report the threat and could be held accountable if they did not do so and someone was harmed. 2) What state do you live in and does Tarasoff apply? Please explain the duty to warn statutes in your...
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...Interoffice Memo BSHS 305/ Historical Development of Human Services: An Introduction interoffice memorandum to: | human services organization | from: | subject: | case ruling of tarasoff v. Regents of the univesity of california | date: | March 27, 1976 | | | As everyone knows there is a new ruling for the Tarasoff v. Regents of the University of California. The ruling two years ago caused a debate on the ruling of professionals getting charged and those that weren’t, so changes have now taken affect. As professionals in the human service field it is important for us to know that now if a client expresses they have a plan to kill someone, it is our obligation to break confidentiality and inform the potential victim and or the police of the thoughts of your client. This may be a tough thing for some of us to do because of the ethical responsibilities we have with our clients but now this is a part of our legal responsibilities to protect the welfare of the society by having the duty to protect individuals who are bing threatened with bodily harm by a client naming it “duty to warn and duty to protect” (in the previous ruling it was only known as “duty to warn”. This is also known as a “Tarasoff warning” in place, meaning where a mental health professional is required to warn of a credible danger to a reasonably identifiable victim. Duty to protect includes clients that may be suicidal. Human services code of ethics entitles us as professionals to let the client...
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...cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how it relates to the therapist-client relationship in regards to confidentiality; then finally explaining the process of informed consent and refusal. Tarasoff v. Board of Regents of the University of California Decision According to University of Phoenix Confidentiality after Tarasoff (1994), the Tarasoff v. board of regents of the University of California case was heard before the California Supreme court, when Tatiana Tarasoff, a student at The University of California was killed by a fellow student. Her parents sued the University of California, the Police and the Therapist (University of Phoenix, 1994). The parents claim was that neither the School, Police or the Therapist warned them of the intentions of this fellow school mate to kill their daughter, Tatiana Tarasoff, as the fellow student had confided in the clinical psychologist to whom he was assigned to after seeking treatment at the school’s health facility, that he wanted to kill Tatiana Tarasoff (University of Phoenix, 1994). This fellow student after divulging his intention was detained but released a short time later stating that it was just all talk. The Supreme Court ruling was on behalf of the family, as...
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...University of Phoenix Material Questionnaire Complete the questionnaire form by creating 10 questions you think will determine the competencies of caseworkers applying for a position with your family counseling practice. Address the following in your questions: The caseworker’s method for handling ethical issues. The caseworker’s plan for staying current in his or her area of expertise and for receiving continuing education. The caseworker’s procedure for maintaining accurate and complete client records. Write the final question so it involves a scenario that requires the caseworker to determine whether to abide by the duty to warn or the duty to protect. Complete the questionnaire as if you were one of the caseworkers applying for the position. |Question |Your answer | |How would you handle a client that you know is not telling the truth |I would explain to that client that if they are not accurately sharing| |in your sessions? |their story I would be unable to help them. | |If a client wanted you to go have coffee after a session to continue |As a professional I would have to explain that we would have to | |talking would you go? |continue our conversation our next session. Since I know as a ...
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...no evidence to support the trial judge’s discovery. TORT/Negligence Case Case: Tarasoff v Regents of the University of California Facts: Peoswnjit Poddar, a student from India studies at the University of California, Berkeley as a graduate student staying at the International House. During the autumn of 1968, Poddar attended folk dancing classes at the International House it is there when he meet Tatiana Tarasoff. Weekly they saw each other; however, it was on New Year’s Eve where Tarasoff had kissed Poddar. He had then thought this sign of affection meant that he was in a serious relationship with her. Once Tarasoff discovered his feelings towards her she had admitted to him that she was involved with other men and was not fascinated into creating a serious relationship. Poddar was left in despair and decided to stalk her and develop revenge. As time progressed Poddar suffered emotional crisis neglecting his appearance, studies and health. Each time which Poddar and Tarasoff meet he would tape the conversation causing a concerning obsession. During the summer of 1969, Tarasoff went on a holiday to South America. During the time of her absence, Poddar saw a psychologist admitting to her his intent to kill. Dr Moore, Poddar’s psychologist contacted the campus police immediately stating that he was suffering from paranoid schizophrenia. He was later detained then shortly released. When Tarasoff had returned, Poddar stopped seeing his psychologist. However, she had not received...
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...confidential, it is what allows a client to be truthful and not worry about others knowing their secrets. However some secrets are not always meant to remain a secret, for example when it involves the endangerment of a person’s life. The story of Prosenjit Poddar and Tatiana Tarasoff is a perfect example. Prosenjit Poddar was being seen by a therapist by the name of Dr. Moore. One day Mr. Poddar informed his therapist he wanted to kill a woman upon her arrival from her vacation. Taking Poddar’s threat seriously Dr. Moore contacted his supervisor as well as the campus police. The police detained, questioned and then released him, determining that Prosenjit Poddar was rational and promised not to harm the woman. The woman later to be known as Tatiana Tarasoff returned from her vacation two month later, Poddar murdered her. Tarasoff family later sued Dr. Moore, Dr. Moore’s supervisor, the police, as well as the Board of Regents of the University of California. (Apollo Library, n.d.) The supreme court of California ruled in favor of the Tarasoff family; they believed that the therapist when informed that a potential act of violence was going to occur, the therapist should have warned the third party in this case the Tarasoff family or the police. There has been some debates on...
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...Employees FROM: Zachary Robertson, Administrator DATE: July 2, 1976 SUBJECT: Tarasoff v. Regents of the University of California As human service professionals, the ruling of the Tarasoff v. Regents of the University of California is very important to the ethical code we currently practice. By ruling in favor of Tarasoff, the court now implements the duty to warn and the duty to protect. Directly: “The Court stated that when a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.” The discharge of this duty may require you to take one or more steps, depending on the nature of the case. Thus, it may call for you to warn the intended victim or others likely to apprise the victim of the danger, to notify the police, or to take whatever other steps are reasonably necessary under the circumstances. This legislation not only affects the human service’s code of ethics, but also our decision making process. The following will provide, in greater detail, what that means to you. Human Services Code of Ethics The primary functions of our code of ethics are to establish guidelines for professional behavior and to assist members of the profession in establishing a professional identity. The Tarasoff case seemingly presents limitations to our current code of ethics by acknowledging...
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...Science defines human life as a characteristic that exhibit a process with organization, growth, adaptation, etc.; however, ancient sages told people human life is extremely valuable and sacred, as a religious doctrine in the Ten Commandments: “Thou shalt not kill.” Moreover, when people talk about ethics, they will think about rules to differentiate right and wrong. It might be wise maxims of Confucius or religious beliefs. The most general way to define “ethics” is that “moral principles that govern a person's or group's behavior” (American English in Oxford Dictionary). Bioethics is a pretty young interdisciplinary study, which is considered with ethical questions related to the relationships among human beings, animals, and environments in the late twentieth century. Based on this, bioethics derived three main subdisciplines, which are medical ethics, animal ethics, and environmental ethics. Although each sub-discipline has particular study area in bioethics, there still are overlaps of ethical considerations and approaches. This makes it difficult to easily discuss ethics questions such as stem cell research, xenotransplantation, the ethical status of animals and the ethical status of the environment. Further discussion about the vital issue of moral status solutions is necessary at the same time. In the rapid development of the natural sciences and biotechnology has greatly promoted better living conditions and improve the living standards of people around the world...
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...Ethical decision making in healthcare NRS-437V Jyoti Battar Grand Canyon University February 2nd, 2014 Breaking confidentiality is never ethical and is also losing faith between the patient-nurse relationships or amongst healthcare providers. The minute a patient walks into a health care setting they feel a trusting bond with the providers and expect reciprocation. The U.S. department of health and human services has the office of civil rights which imposes the “Health Insurance Portability and Accountability Act” (HIPAA) which protects patient information. Breaches of confidentiality are taken seriously by the office of civil rights and any breach of unsecured health information will be analyzed, and the person responsible will be prosecuted. All healthcare providers are expected to follow basic ethical principles during their practice and they are: “Respect for autonomy, Veracity, Beneficence, Non-maleficence, Fidelity, and Justice” (Maurer & Smith, 2013). These ethical principles are implemented and mandated through standards of practice and federal law in all healthcare and professional organizations. According to the American Nurses Association’s (ANA) standard of codes, the most important ethical principle is “respect for the inherent dignity and worth… of human existence and the individuality of all persons” (Maurer & Smith, pg. 12). When a patient arrives to the hospital the first task the patient goes through is to sign an informed consent form, also known...
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...The decision of Tarasoff v. the Board of Regents of the University of California was that, for the first time imposed a liability on a therapist for failing to protect a potential victim, when therapist Dr. Moore had a client, Prosenjit Poddar that confided in him that he intended to kill a woman, he did not name the woman, but none the less he claimed he was going to kill her when she got back from her vacation, even though Dr. Moore called his supervisor and the campus police, he was still sued by The Tarasoff family when Poddar did indeed end up killing her after campus police let him go two months prior because he appeared to be rational and promised he would not harm her (Kagle J, Kopels S. P.1 1994). The therapist – client relationship is that of a confidential manner. The therapist is to keep anything the client says under strict confidentiality however; this article argues that this is not the case because social workers have never really been able to offer their clients unlimited confidentiality because in recent years the demand for accountability has increased as well as greater access to information in records, mandated child abuse reporting and expanding court involvement in professional decision making (Kagle J, Kopels S. P.1 1994). Now more than ever therapists are faced with their obligation to protect their client’s privacy as well as the duty to protect third parties from harm. Especially when dealing with potentially violent clients who are court ordered...
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...Dustin SOLDANO, Plaintiff and Appellant, v. Howard O'DANIELS, Defendant and Respondent. 141 Cal.App.3d 443, 190 Cal.Rptr. 310 Court of Appeal, Fifth District, California. (March 28, 1983) OPINION ANDREEN, Associate Justice. Does a business establishment incur liability for wrongful death if it denies use of its telephone to a good samaritan who explains an emergency situation occurring without and wishes to call the police? This appeal follows a judgment of dismissal of a complaint for wrongful death upon a motion for summary judgment...[by defendant]. "This action arises out of a shooting death occurring on August 9, 1977. Plaintiff's father [Darrell Soldano] was as shot and killed by one Rudolph Villanueva on that date at defendant's Happy Jack's Saloon. This defendant [O'Daniels] owns and operates the Circle Inn which is an eating establishment located across the street from Happy Jack's. Plaintiff's second cause of action against this defendant is one for negligence. "Plaintiff [Soldano] alleges that on the date of the shooting, a patron of Happy Jack's Saloon came into the Circle Inn and informed a Circle Inn employee that a man had been threatened at Happy Jack's. He requested the employee either call the police or allow him to use the Circle Inn phone to call the police. That employee allegedly refused to call the police and allegedly refused to allow the patron to use the phone to make his own call. Plaintiff alleges that the actions of the Circle Inn employee were...
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