Preview

The California Supreme Court Case: Tarasoff Case Of 1969

Good Essays
Open Document
Open Document
615 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The California Supreme Court Case: Tarasoff Case Of 1969
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) The Tarasoff Case is based on the 1969 murder of a University of California Berkley student, Tatiana Tarasoff. The perpetrator, Prosenjit Poddar was a student at the University who had met Tarasoff at a folk dancing class on campus. While they went on several dates, they soon disagreed on the seriousness of their relationship and Poddar became obsessed with her. When Tatiana rebuffed him, Poddar began stalking her and underwent an emotional crisis for which he began psychological counseling at the university medical center. (Vitelli 1) …show more content…
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

You May Also Find These Documents Helpful

  • Good Essays

    Shaw V Thomas

    • 839 Words
    • 4 Pages

    In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff, a police officer, suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the Commissioner of Police had taken a series of steps to address stress, including psychiatric illness, amongst police officers. This evidence satisfied Garling J that the risk of psychiatric illness from the defendant’s perspective was not insignificant: at [414]. It was reasoned that the risk of psychiatric harm:…

    • 839 Words
    • 4 Pages
    Good Essays
  • Better Essays

    References: FBI. (2005). Federal Bureau of Investigation. Retrieved March 26, 2013, from Serial Murder: Multi-Disciplinary Perspectives: http://www.fbi.gov/stats-services/publications/serial-murder/serial-murder-july-2008-pdf…

    • 1163 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Article and Law Search

    • 835 Words
    • 4 Pages

    This article was about a case implicates the Georgia Regional Hospital, Atlanta. In January of 2009, a patient, Na Young, this patient has a history of psychotic episodes. This patient was released form the psychiatric hospital. On a Friday evening in January at the Regional Hospital in Atlanta, Na Yong, refused to sign the release paper. The patient go valance with the nurse and told her that she will now longer take the antipsychotic medication. The patient family pleaded the doctors and nurses to reconsider discharging her from the hospital. The patient prior to been admitted into the hospital had physically abused her mother on several occasion. Na Yong told physician and nurses that if she were discharge from the hospital she would kill her mother, which was the target of her schizophrenia-fueled rage. The hospital staff still…

    • 835 Words
    • 4 Pages
    Good 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
  • Better Essays

    Duty to Warn

    • 1515 Words
    • 7 Pages

    The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger, or is a threat to himself, someone else, or society as a whole, the therapist must decide how serious of a threat the client may be, then if he decides it’s a serious issue, he must notify the person in danger, which would e the third party, or the police, or other people who may be in the position to protect that person, or the other people involved from harm.…

    • 1515 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…

    • 522 Words
    • 3 Pages
    Satisfactory 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
  • Satisfactory Essays

    The author J.E Barnett has several different psychotherapists’ case examples such as: “Informed Consent to Psychotherapy: Protecting the Dignity and Respecting the Autonomy of Patients”; “Can You Keep a Secret? Confidentiality in Psychotherapy” and other “Psychotherapy Termination: Clinical and Ethical Responsibilities. To show you these different ethical dilemma issues.…

    • 381 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    An affirmative answer to this question may seem compelling in the wake of the famous Tarasoff case in 1976, which, in recognizing a professional duty to warn unsuspecting third parties of immanent danger of bodily harm posed by a client, announced that “privacy ends where the public peril begins.” However, in 1999, the Texas Supreme Court denied that mental health practitioners in Texas owe a duty to warn third parties, “because the…

    • 5387 Words
    • 22 Pages
    Powerful Essays
  • Good Essays

    There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.…

    • 486 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Bob Smith, a California resident, owns a banquet hall that he rents out for weddings and other events. He is approached by Adam and Steve, who wish to rent the hall for their gay wedding. Bob refuses to rent the hall to Adam and Steve because he does not believe in gay marriage and has religious objections to their lifestyle. He does not want his property to be used for what he regards as an immoral and ungodly purpose. Under the state law of California, Mr. Smith has violated the California’s Unruh Act, which states that “All persons… [regardless] of their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitle to the full and equal accommodations, advantages,…

    • 1184 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court, in which justice Rehnquist, CJ, joined and White, Blackmun, O’ Conner, Kennedy, and Souter, JJ, joined. Stevens, filed a dissenting opinion, in which Marshall, J., joined Procedural History: California v Hodari first proceeding were through the juvenile courts.…

    • 682 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Tarasoff v. Regents of the University of California was a case in 1976 which the Supreme Court of California decided that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by any of their patients. Originally, in 1974, the decision was mandated warning the threatened person or persons but, in the year 1976 the California Supreme Court decided that it was intended for a “duty to protect” a victim. Mr. Poddar was a graduate student in the University of California, Berkeley. He met Tatiana Tarasoff at folk dancing classes at the International House. They saw each other on a weekly basis and later on slept together on New Year’s Eve. Poddar interpreted the act as a serious relationship. Tarasoff…

    • 341 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    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…

    • 111 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    This past weekend my fiancée and I both began and finished listening to the first season of the Serial Podcast. I think a little background on this is necessary before continuing on my broader analysis. The program is a weekly podcast which focuses on one particular narrative. In this case, a murder in 1999 in which a 17 year old Pakistani male, Adnan Syed, manually strangled his ex-girlfriend, Hae Min Lee in the city of Baltimore after school one day in January. Adnan was convicted for this crime and sentenced to life in prison. The podcast revolves around the ambiguities of this case that still remain 15 years after the fact and whether or not the correct verdict was reached. It features interviews with many pertinent parties including phone interviews from Adnan, which begin every episode, along with official sources/documents and expert consultants. The first way I’d like to tie this to our class material is by exploring it in regards to surveillance, particularly the therapeutics of the self.…

    • 1065 Words
    • 3 Pages
    Good Essays