Duty to warn

Duty to Warn is a legal concept that originates from the field of psychology and psychiatry. It refers to the responsibility of a mental health professional to warn identifiable victims when a client has made a credible threat to harm them. This duty was established in the landmark case of Tarasoff v. Regents of the University of California in 1976.

History

The concept of Duty to Warn emerged from the Tarasoff v. Regents of the University of California case. In this case, a patient named Prosenjit Poddar confessed to his therapist at the University of California that he intended to kill an unnamed but identifiable woman, Tatiana Tarasoff. Despite this, the therapist did not warn Tarasoff or her family. Poddar later killed Tarasoff, leading to a lawsuit against the Regents of the University of California. The court ruled that the mental health professional had a duty to warn the intended victim, establishing the Duty to Warn principle.

Legal and Ethical Considerations

The Duty to Warn has significant legal and ethical implications for mental health professionals. It requires them to breach patient confidentiality in order to protect potential victims. This can create a conflict between the professional's duty to their client and their duty to protect others from harm.

In some jurisdictions, the Duty to Warn has been expanded to a Duty to Protect. This means that the professional may have to take additional steps to prevent harm, such as notifying the police or taking steps to have the client hospitalized.

Limitations and Criticisms

There are several limitations and criticisms of the Duty to Warn. Some argue that it can deter individuals from seeking help for fear that their confidentiality will be breached. Others point out that it can be difficult for professionals to accurately predict whether a client will act on their threats.

Despite these criticisms, the Duty to Warn remains a key principle in the field of mental health. It underscores the importance of balancing the rights of the individual with the safety of the community.

See Also

• Tarasoff v. Regents of the University of California
• Patient confidentiality
• Psychology
• Psychiatry

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