It helped the patient to not be careful about what they were telling the doctor. Once the Tarasoft case was opened up to the courts the Confidentiality between patient and psychologist was over depending on the conversation. If a patient like Poddar comes in with psychological issues a psychotherapist should always take action. The Tarasoft decision is a California decision that imposes a duty on a therapist to warn the appropriate people or person when he/she becomes aware their patient may present a risk of harm to a person or persons. The decision made by the psychologist was not a good one at all because the women were in danger. The psychologist alerted campus police because he took what his patient said serious but did not inform her or the family. The Psychologist suggested Poddar should be hospitalized due to his mental state of mind. The psychologist should have breached the patient confidentiality once he knew third party was unaware of the patient conversation with him. Poddar was let go because he seemed to be mentally stable. The patient was released back in the public even though the police knew he made a death threat about Tarasoft. The psychologist was told by the director of…
The authors describe the case of Thapar v. Zezulka is what the state of Texas established their precedent for mental health professional not obligated to warn and protect third parties when a client reveals an intent to harm. The arthurs discuss the ACA code of ethics as being more permissive than Texas statues in reporting results of HIV testing Barbee et al. (2007). Mental health professional has a duty to protect the client and breaching of confidentiality is an issue when dealing with a client threating harm to a third…
4. Psychiatrists who learn from a patient that he or she intends to do harm to another has the legal responsibility to the patient to maintain confidentiality and cannot disclose such information to authorities.…
He sent a letter to campus police, who then interviewed Poddar, but ultimately he was released under the impression he would avoid contact with Tarasoff. The police ordered that the evidence of all notes taken and the letter to the authorities be destroyed, as well as placing Poddar on a 72-hour hold. All while this was happening, no one informed Tarasoff. Some time after Poddar was released, he confronted her at her apartment and ended her life. In the end, the main ethical question is, is it more important to protect patient-therapist confidentiality or to protect the public? (Vitelli…
The Tarasoff case is the case that “established a clinician’s duty to warn” (Mottarella, n.d.). Prosenjit Poddar, a student at University of California Berkeley (UCAL) was a patient of Dr. Lawrence Moore, a psychologist a hospital affiliated with UCAL. Poddar was seeking treatment for an emotional breakdown after being romantically rejected by Tatiana Tarasoff. In the course of therapy Poddar related to Dr. Moore his intent to kill Tarasoff that fall. Dr. Moore conferred with his superiors at the facility and the determination, customary at that time, was made to have Poddar involuntarily committed. Dr. Moore notified the campus police and requested that Poddar be picked up, warning that Poddar can appear quite rational at times. Campus…
Reasonably foreseeable victims were brought to the forefront by cases such as Tarasoff v. the Regents of the University of California and subsequent duty to warn cases. Foreseeable means that a “reasonable anticipation of the possible results of an action” exists (Foreseeability. (n.d.)).…
2. Confidentiality: Privacy or secrecy, limited to the people authorized to use the documents or information. Example, the therapists must keep all information confidential as no topic is spoken upon outside of the room with the client. The client’s information is confidential, therefore sworn to be kept safe and private.…
The psychologist faces many issues in the presented vignette. The first is the breach in confidentiality between the clinician and patients. Acknowledging the issue could potentially identify the patient. The psychologist also has the responsibility of providing an informal resolution to the ethical issue. The issue potentially harms the profession by instilling distrust of the public. The psychologist could provide discuss the violation with the offending psychologist to confirm if the misconduct has occurred and recommend ways to end it.…
A recent decision in the rehearing of the Tarasoff v. Regents of the University of California case, mandates that not only should mental health professionals and social service workers warn a potential victim of possible harm by their client, but there is also a duty to protect the potential vicitm. This can be carried out through any or all of the following steps:…
Levy (1996) looks at the decision as representing a victory for advocates for patient privacy and confidentiality rights. the American Psychiatric Association joined in the suit and argued in an amicus brief that in addition to Rule 501 of the Federal Rules of Evidence, common law tradition support recognition of the patient-therapist privilege and it didn’t matter whether or not the therapist is a medical doctor. The issue was not the credentials of the therapist, but rather relationship nature between the caregiver and the patient. Mary Lu Redmond , On June 27, 1991, a police officer was called to a fight at an…
Confidentiality involves protecting the information collected from the individual tested from a third person party (Anastasi, & Urbina, 1997). The American Psychological Association (2010) states that it is up to the psychologist to maintain the security of all the test data and materials in order to adhere to the law, contract, and code of ethics. Furthermore, they report that test data can only be given to individuals mentioned on the client/patient release. In the event no release has been signed, data collected can only be released by law or court order (American Psychological Association, 2010). Failure to maintain confidentiality can result in trust lost between the psychologist and the individual being tested, a possible lawsuit, and a negative…
Confidentiality is central of trust in the doctor-patient relationship. Doctors diagnose and treat sickness based on information given to them by the patient in confidence. Confidentiality is a main condition which allows patients to communicate their symptoms, experience, beliefs, concerns and expectations about their disease and their treatment. Confidentiality is essential to safeguard a patient’s dignity, respect, privacy and autonomy and extends after death. The safeguarding of patient confidentiality is a main principle of medical ethics which dates back to the Hippocratic Oath. Confidentiality is both a patient’s right and a doctor’s duty.…
According to the California Supreme Court ruling involving the Tarasoff’s “duty to warn”, is if a patient reports hurting someone or themselves, the therapist has the obligation to inform the police, their (the patient’s) parents, relatives, or friends. Failing to inform the proper authorities might lead to getting seriously hurt or even killed, which, in the end can result in negative consequences. Highly publicized lawsuits can occur, claiming that the therapist did not follow the Tarasoff’s “duty to warn”. A therapist’s obligations under the law to serve and protect individual’s lives overrules the therapist-client confidentiality by the need to protect the…
There are many difficult ethical decisions professionals in the field of psychology especially when in a therapist and or counseling position without crossing boundaries while avoiding dual relationships from forming. For example, a close friend of yours is having difficulty with her teenage daughter. She knows you are a psychologist who specializes in adolescents. She asks if you would be willing to see her daughter for a few sessions to straighten her out. Pope asks "What would each person consider the most ethical response?"The first problem given this scenario, there is already a dual relationship that is beginning because the therapist is a "close" friend of the client 's mother. In this way you can try to compensate for some of the distortion that may occur from seeing things only from your own perspective" (Pope & Vasquez, 2007). Everyone has their own personal beliefs regarding professional ethics and boundaries they draw. It is very important to assess each situation differently especially when in the field of psychology regarding patient 's confidentiality as well as following ethical codes as well as incorporating your personal ethics to ensure the most beneficial treatment.…
Poddar was under the care and treatment of psychologist Dr. Moore. Dr. Moore learned that Prosenjit Poddar had the intentions or the idea to kill Tatiana Tarasoff. Dr. Moore alerted campus police however the police detained him, but then released him. In October 1969, Prosenjit Poddar killed Tatiana Tarasoff. Tarasoff’s parents' assert that the psychiatrist had a duty to alert the family or Tatiana of Poddar threats. The court dismissed Tarasoff’s parents action for failure to state against the psychiatrist, police, or the University of California. The court concluded that the police did not have to alert Tarasoff parents. The court said they owe a duty to inform the potential…