The psychiatrist’s duty to protect

CNS Spectrums ◽  
2015 ◽  
Vol 20 (3) ◽  
pp. 215-222 ◽  
Author(s):  
James L. Knoll

Responding to the California Supreme Court’s decision and its related legal obligations in Tarasoff v. Regents of Univ. of California over 30 years ago has become a standard part of mental health practice. This case influenced legal requirements governing therapists’ duty to protect third parties in nearly every state in the country. The final ruling in Tarasoff emphasized that therapists have a duty to protect individuals who are being threatened with bodily harm by their patients.This article will provide a brief overview and update on duty to protect legal requirements. Clinical guidelines for addressing threats and the duty to protect will be discussed, along with risk management approaches. The article will conclude with a sample vignette illustrating these principles.

This chapter presents self-test questions and answers on mental health practice guidelines in forensic psychiatry and law, and includes confidentiality and privilege, informed consent, the duty to protect, and expert testimony.


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