Posted on 11/27/2016 2:40:19 PM PST by Navy Patriot
Not true The tarasoff decision. Duty to contact authorities and notify victim
It was about a young lady who investigated a Muslim businessman and exposed his shady dealings and a prior conviction for fraud.
The businessman threatened her life when speaking to his psychiatrist.
The psychiatrist reported the threat and the young lady decided to leave her profession as a result.
Laws vary from state to state for the Mental Health Care Worker contacting the victim DIRECTLY regarding their patient.
You got Michigan flag on your FR homepage. In Michigan the law says this:
“If a patient communicates to a mental health professional who is treating the patient a threat of physical violence against a reasonably identifiable third person and the recipient has the apparent intent and ability to carry out that threat in the foreseeable future, the mental health professional has a duty to take action. The duty is discharged by hospitalization, communicating to the third person and notifying local law enforcement, warn social services or the custodial parent or guardian if the victim is a minor. Immunity from liability for disclosure.”
In Texas, however, the law says this:
“A mental health professional may disclose information only to medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient.”
http://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx
At any rate, IF a patient is “homicidal”, and, as a psychiatrist or psychologist, that is my evaluation in good faith, I would not hesitate to either medically lock up the patient, or report the patient to appropriate authorities, before the patient does damage. UNLESS, there are exceptional and very immediate circumstances.
“UNLESS, there are exceptional and very immediate circumstances.” —> impacting the potential victim to compel me to contact the potential victim directly to warn him or her.
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