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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.
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 ...
Mosk. Dissent. Clark, joined by McComb. 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.
The trial judges held that the police were under no specific legal duty to provide protection to the individual plaintiffs and dismissed the complaints. In a 2–1 decision, the District of Columbia Court of Appeals determined that Warren, Taliaferro, and Nichol were owed a special duty of care by the police department and reversed the trial ...
Duty to warn. 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. Regents of the University of California, to include acting upon communications from third ...
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 ...
e. A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. The exact extent of the duty varies greatly between different jurisdictions.
Goldwater rule. The original piece in Fact magazine which prompted the introduction of the Goldwater rule. Likely costing Barry Goldwater a large number of potential votes, this practice was later deemed unethical by the APA. The Goldwater rule is Section 7 in the American Psychiatric Association 's (APA) Principles of Medical Ethics, [1] which ...
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