Preview

Confidentiality: Tarasoff Case

Good Essays
Open Document
Open Document
748 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Confidentiality: Tarasoff Case
Reaction Statement 2: Confidentiality

Do therapists bear the duty to use reasonable care in order to warn a third party of foreseeable danger? The majority opinion in the Tarasoff case is more ethically sound.

The strongest argument against my opinion is that by imposing that a doctor has the duty to breach confidentiality in order to warn a third party of a potential threat can greatly impair treatment. The most important factor in ensuring that a patient receives successful treatment is by establishing a solid physician-patient relationship. This is a consequentialist view because it focuses on the future outcome, which in this case is effective treatment. As indicated on page nine of the reading, assuring confidentiality is vital for three main reasons: to prevent deterrence of treatment, to encourage thorough communication, and provide fruitful help. Talking with someone about personal issues is a very daunting and a vulnerable position for most people in the first place. People are also often anxious and very insecure about the negative stigma attached to seeking help for emotional and/or mental difficulties. With that being said, if potential patients doubt the level of trust they can find in therapists this can cause them to no longer seek assistance because they fear exposure. If a patient is confident that their privacy will not be compromised this can reduce a lot of the stress. Second, once a patient feels he or she is guaranteed privacy one will be more likely to reveal most if not all things to their therapist. This will help the doctor to make appropriate diagnosis and ensure the patient acquires the proper treatment. If a patient is hesitant to reveal certain crucial details could be left out and this could prevent proper diagnosis and treatment which could be very detrimental. The more a patient trusts their therapist, the more recall will occur and there will be less repression of memories. Lastly, trust must not only be established but

You May Also Find These Documents Helpful

  • Good Essays

    Doctors have a duty of confidentiality to their patients. Generally personal information may only be disclosed , even to a persons close family , if he or she consents. This duty of confidentiality can be breached if there is a strong need to do so in the “public interest” or in the interest of the patient. A doctor may choose to breach confidentiality if they forsee harm to a patient or others.…

    • 841 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Tarasoft Case Summary

    • 703 Words
    • 3 Pages

    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…

    • 703 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    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…

    • 91 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    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…

    • 477 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Duty To Warn Examples

    • 519 Words
    • 3 Pages

    The physician or health provider has to disclose some information about what he knows of the patient and must warn the patient’s family or other party that the patient is of danger and a threat. The physician or covered entity must believe in good faith that the use and disclosure of the patient is needed to prevent or lessen the serious threat to the health or safety of the person or the public. This is based on HIPAA privacy rule. The HIPAA Privacy the covered entity to disclose PHI necessary to prevent or lessen serious or imminent threat to the health or safety of the patient or others and is to a person(s) reasonably able to prevent or lessen the threat. In the case of Tarasoff v. Regents of the University of California, the therapist had a duty to warn and let Tarasoff know of the patient. He did not warn or told her ahead of time or disclose that information. He should have the duty to do so in this case. The other party should know of the threat that and that patient information should be disclosed to law officials or family members or persons to lessen the danger or…

    • 519 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In 1976, the California Supreme Court ruled that psychotherapists have a duty to warn and protect potential victims if their patients made threats or otherwise behaved as if they presented a serious danger of violence to another. This ruling happened because of the Tarasoff Case of 1969, in which the court determined the need for therapists to protect the public was more important than protecting patient-therapist confidentiality. (Vitelli 1)…

    • 615 Words
    • 3 Pages
    Good Essays
  • Good Essays

    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. The ruling was not a favorable one at first, leaving psychologists feeling this would breach their patients trust. Confidentiality is crucial in a therapist-client relationship. “Legislators reacted to therapists’ concerns regarding the conflict of duties and enacted exceptions to confidentiality statuses when warning was necessary to protect third parties” (“Confidentiality after Tarasoff,” 1994, para. 9).…

    • 798 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    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.…

    • 1611 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Interoffice Memo

    • 363 Words
    • 2 Pages

    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:…

    • 363 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The first legal issue associated with clinical psychology is confidentiality. Whenever a patient seeks help, everything that is said in the sessions must be held confidential and the patient is encouraged to speak freely. There are times when confidentiality becomes unethical and that is if and when the patient talks about issues that may cause harm or being a serious threat to themselves or someone else. An example of this would be if a patient talks about committing suicide or mentions for example child abuse.…

    • 1221 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    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.…

    • 98 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Patients routinely communicate personal information with health care providers. On the off chance that the classifications of this information were not secured, trust in the doctor or health care provider relationship would be reduced. Patients would be less inclined to share sensitive information, which could adversely affect their care. Confidentiality is integral to the improvement of trust amongst specialists and patients. Patients must have the capacity to expect that information about their wellbeing is kept private unless there is a convincing reason that it ought not to be. There is additionally a solid open enthusiasm for secrecy as people who need treatment will be urged to look for treatment and…

    • 304 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    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…

    • 576 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Though protecting patient’s confidentiality is not absolute and there are situations where health care givers are permitted by law in instances where public health overrides patient right to confidentiality. Even in such situations, the disclosure must be done respectfully following the law McGowan (2012).The Confidentiality policy is very important in any healthcare institution and needs to be reviewed from time to time in accordance with the…

    • 824 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Essay On Confidentiality

    • 939 Words
    • 4 Pages

    Confidentiality involves restricting patient’s information and not disclosing personal data of patients indiscriminately. For example, telling friends and talking about patients in a place where information can be overheard or leaving patients information lying around is a breach of confidentiality. Information that could be considered ‘confidential’ include name, date of birth, height, weight, medical history and so on.…

    • 939 Words
    • 4 Pages
    Good Essays

Related Topics