In Tarasoff, a patient told his psychotherapist that he intended to kill an unnamed but readily identifiable woman. 240, 447 P.2d 352], between discretionary policy decisions which enjoy statutory immunity and ministerial administrative acts which do not. defendant is not immune. 1. Sources and Authority • Limited Psychotherapist Immunity. Thou shalt not stand idly by the blood of thy neighbor. Wulsin LR, Bursztajn H, Gutheil TG. This rule, which has spread to many states, originated in the California Supreme Court's decision in Tarasoff v.Regents of the University of California (17 Cal.3d 425 [1976]). After meeting Indian graduate student, Prosenjit Poddar, at a folk dancing class, Tatiana agreed to go on several dates with him but soon called it off after getting into a disagreement over the seriousness of their relationship. From Patient’s Threat, sets forth the elements of a Tarasoff cause of action if the. Tarasoff v. Regents (Tarasoff v. Regents of University of California, 17 Cal.3d 425, 131 Cal.Rptr. Noting that virtually every public act admits of some element of discretion, we drew the line in Johnson v. State of California (1968) 69 Cal.2d 782 [73 Cal.Rptr. Tarasoff is an important decision with legal implications, and only 13 states in the U.S. lacked Tarasoff-like provisions at the time of Herbert’s report in 2002. The authors present a case report and discuss the clinical effects of the Tarasoff decision on the therapy of a potentially violent patient.  Tarasoff; Confidentiality and Informed Consent PSY/305 Abstract This paper describes the events that took place concerning Prosenjit Poddar and Tatiana Tarasoff, as well as the ruling in the case of Tarasoff v. Board of Regents of the University of California. 240, 447 P.2d 352, between discretionary policy decisions which enjoy statutory immunity and ministerial administrative acts which do not. At anytime during the course of therapy, if a counselor assesses a client as a danger to someone, he or she has a duty and is legally obligated to warn the intended victim. In a wrongful death case, insert the name of the decedent victim where applicable. The Tarasoff law is based on the 1969 murder of a young college student named Tatiana Tarasoff. Unexpected clinical features of the Tarasoff decision: the therapeutic alliance and the "duty to warn". -Leviticus 16 Counselors must always keep in mind state laws and be kept apprised of the legal standards. For nearly three decades, the Tarasoff rule has been controversial among mental health professionals. Noting that virtually every public act admits of some element of discretion, we drew the line in Johnson v. State of California (1968) 69 Cal.2d 782, 73 Cal.Rptr. Duty to warn means that the social worker must verbally tell the intended victim that there is a foreseeable danger of violence. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. Tarasoff v. Regents of University of California, the California Supreme ... four elements detailed below have different implications for this specific claim. Failure to do Duty Duty is an existential element of negligence, and yet is an elusive term to define.16 The notion of duty has developed considerably over the These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Goldstein is a recent California appeals court decision that extended the interpretation of the Tarasoff warning law. Civil Code section 43.92(b). Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. Psychiatric Malpractice Grand Rounds: The Tarasoff Dilemma. 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