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In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient.
Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [15] [page needed] [16] The court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient ...
Ewing v. Goldstein 15 Cal. Rptr. 3d 864 (Cal. Ct. App. 2004) is a landmark court case that extended California mental health professional's duty to protect identifiable victims of potentially violent persons, as established by Tarasoff v.
Jablonski by Pahls v. United States, 712 F.2d 391 (9th Cir. 1983) [1] is a landmark case in which the 9th Circuit Court of Appeals determined that a mental health professional's duty to predict dangerousness includes consulting a patient's prior records, and that their duty to protect includes the involuntary commitment of a dangerous individual; simply warning the foreseeable victim is ...
Success on the battlefield may call for the suspension of basic notions of civilian morality in order to accomplish the mission. Thus the military codes add dimensions of loyalty, duty and personal courage, and back up those values with a requirement of rigid and unquestioning discipline and obedience to lawful orders.
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These are the important societal interests the psychotherapist-patient privilege works to protect. By contrast, if there existed no privilege for communications between psychotherapists and their patients, people would decide not to seek treatment for mental illness, particularly illnesses and traumas that are likely to result in litigation.