...Tarasoff during counseling. The majority ruling makes the therapist liable for the death of Tarasoff for he knew that her life was in danger, thus creating a new “duty to warn” for all therapists. The dissenting argument expresses that due to the duty to warn clause violence will increase, because patients will no longer feel comfortable seeking treatment and revealing their issues to the therapist. In order to analyze the dissenting opinion the following questions must be answered: are therapists able and equipped to determine whether a patient is dangerous? Are therapists potentially sacrificing effective treatment by violating confidentiality under duty to warn? Are therapists better off without the duty to warn clause? During the next paragraphs the duty to warn clause will be shown to be a burden not only on both patients and therapists, but on society as a whole. In examining the case of Tarasoff, Judge Mosk presses that psychiatric predictions of violence are inherently unreliable. Psychiatrists already experience a lot of difficulty accurately diagnosing mental illness, and with this uncertainty the difficulty of determining whether a patient is a danger to society becomes even harder. The majority opinion assigned a responsibility for the therapist to have a duty to warn and also a duty to protect. This duty intends to make therapists breach confidentiality with a client in order to protect an identifiable third party. The therapist in essence must have reasonable care...
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...Confidentiality and Informed Consent Claudia Lewis PSY/305 6/29/15 Dr. Daniel Williams Jr, PsyD, MSW Confidentiality and Informed Consent Introduction Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how it relates to the therapist-client relationship in regards to confidentiality; then finally explaining the process of informed consent and refusal. Tarasoff v. Board of Regents of the University of California Decision According to University of Phoenix Confidentiality after Tarasoff (1994), the Tarasoff v. board of regents of the University of California case was heard before the California Supreme court, when Tatiana Tarasoff, a student at The University of California was killed by a fellow student. Her parents sued the University of California, the Police and the Therapist (University of Phoenix, 1994). The parents claim was that neither the School, Police or the Therapist warned them of the intentions of this fellow school mate to kill their daughter, Tatiana Tarasoff, as the fellow...
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...Confidentiality after Tarasoft PSY / 305 June 30, 2014 Garen Weitman In life a person learns to keep secrets at a very young age. As a person grows up and becomes an adult we choose paths that require us to keep secrets from other individuals, when we do this it no longer is known as a secret it is called keeping things confidential. Merriam-Webster defines confidential as a secret or private, showing that you are saying something that is secret or private, and trusted with a secret or private information. (Merriam-webster, n.d.)A psychologist has a tremendous responsibility in keeping this confidential, it is what allows a client to be truthful and not worry about others knowing their secrets. However some secrets are not always meant to remain a secret, for example when it involves the endangerment of a person’s life. The story of Prosenjit Poddar and Tatiana Tarasoff is a perfect example. Prosenjit Poddar was being seen by a therapist by the name of Dr. Moore. One day Mr. Poddar informed his therapist he wanted to kill a woman upon her arrival from her vacation. Taking Poddar’s threat seriously Dr. Moore contacted his supervisor as well as the campus police. The police detained, questioned and then released him, determining that Prosenjit Poddar was rational and promised not to harm the woman. The woman later to be known as Tatiana Tarasoff returned from her vacation two month later, Poddar murdered her. Tarasoff family later sued Dr. Moore, Dr. Moore’s supervisor,...
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...The Tarasoff v. Regents of the University of California case involves the family of Tatiana Tarasoff and the team of professionals who was taking care of Prosenijit Poddar’s mental health. Tarasoff and Poddar were just friends but Poddar wanted more than that. Tarasoff let Poddar know she was not interested in him. Poddar did not like that and started to stalk Tarasoff. Poddar had made threats about hurting Tarasoff but the professionals taking care of him did not alert the right authorities, Tarasoff, or her family. From withholding that information Poddar did act on his threat and murdered Tarasoff. Poddar was convicted on second degree murder but that trial was overturned. Poddar was released and was expedited out the country and went back to live in India. Tarasoff family went after the four psychiatrists who were taking care of Poddar for failure to protect their daughter. The Tarasoff v. Regents of the University of California case has made huge impact in the human service field. As human service professionals we have to protect our clients as well as others. With this ruling we now have to take in the consideration of our clients as well as people who are close to client and the general public. Human service providers have always been taught to protect and help our clients. Now with the Tarasoff ruling human service professionals need to make sure that those closes with the client are not any danger and if they are they need to be alerted. As human services...
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...CONFIDENTIALITY, PRIVILEGES, MANDATED REPORTING AND DUTY TO WARN Name of Student Institutional affiliation Abstract In this paper, I will be focusing on a brief summary of a therapy video that delves into counseling. Actors in this video are looking at real life cases involving high court ruling on issues such as confidentiality, privilege, reporting and the duty to warn. I will also look at my own findings in statures and laws as far as North Carolina is concerned. Additionally, I will give a summary of each. Finally, I will discuss my reflection and how I can put these into action in my counseling career. The presentation of this video is quite interesting. It gives room for actors to look deeper into real cases and get a deeper grasp in the areas of confidentiality, privilege, reporting and duty to warn. It also gives a more vivid picture of how the above mentioned things, though looking similar, are quite different in a myriad of ways. The very first case to be looked into was of a young boy who was taken to hospital by his foster parents. His conditions were not good at all for he had bruises on his spine and another bruise slightly below his eye. The nurse happened to questioned her about the same. She said it was as a result of being jostled in seat in the car. The nurse kind of didn’t make any note of this observation. Moreover, she happened to fail to call CPS to report the possible...
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...the Tarasoff case in 1974, duty to warn and duty to protect have become important as concepts in the field of social work and other helping disciplines. Being able to protect potential victims from harm and protecting clients from self-harm have become ethical obligations in social work practice. This area needs to be explored and understood by social work practitioners, educators, and social work students. Duty to warn and duty to protect have ethical implications for all social workers. Walcott, Cerundolo, and Beck (2001) describe the facts of the Tarasoff case. Prosenjit Poddar and Tatiana Tarasoff were students at UCLA. Poddar stated to the university health science psychologist that he intended to kill an unnamed woman, who was identified as Tatiana Tarasoff. Although the psychotherapist did not directly warn Tarasoff or the family, the psychologist notified the police, who interviewed Poddar for commitment. The police only warned Tarasoff to stay away. After Poddar returned for the summer from Brazil, he murdered Tatiana with a knife. Tarasoff’s family sued the campus police and the university health service for negligence. Walcott, Cerundolo, and Beck (2001) cite the second Tarasoff case, establishing a duty to protect. The Tarasoff case imposed a liability on all mental health professionals to protect a victim from violent acts. The first Tarasoff case imposed a duty to warn the victim, whereas the second Tarasoff case implies a duty to protect (Kopels & Kagle...
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...legislature reform. The famous California Supreme Court case propelled most states to enact a form of “duty to warn” or “duty to protect” statutes (Simone & Fulero, 2005). Tarasoff has forever impacted the liability and responsibilities of medical professionals. This paper will review a Colorado state statute influenced by Tarasoff. It will further address the “duty to warn” and “duty to protect” dilemmas and the suitable ways to address them. Lastly, this paper will examine confidentiality challenges presented in Laureate Education Inc. (2012) video, Mental Health Counseling: Confidentiality. Colorado State Law Colo. Rev. Stat. § 13-21-117 defines the responsibilities of mental health professionals. It holds mental health professionals liable for their “duty to protect” third parties in cases in which clients communicate threat or harm (Colorado Legal Resources, 2012). The statute states that a mental health professional is not liable in civil court for the failure to warn or protect a third party from a client (Colorado Legal Resources, 2012). Furthermore, it adds that the professional is not held liable to predict their client’s behavior (Colorado Legal Resources, 2012). Though, it mandates that if the client has communicated a considerable threat of forthcoming physical harm against a third party to a mental health professional, such “duty to protect” or “duty to warn” does arise (Colorado Legal Resources, 2012). In these cases, mental health professionals are compelled...
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...Quick Takes Video. Intentional Misrepresentation. Intentional Misrepresentation is, false representation of material facts with the scienter, the innocent party must rely on the misrepresentation, and there is an injury (Chesseman, 2010). Nonlinear Pro promises Quick Takes Video a superior product that will meet their needs and cut project time in half. These benefits came at a lower cost than their competitors. However, when Quick Takes Video used the product, the equipment underperformed. Quicktext lost time and money which delayed production. The inefficiency of equipment caused monetary injury to Quick Takes Video through missed sales opportunities. Unintentional Torts Unintentional torts are negligence tort violations that breach a duty owed to another. Negligence. According...
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...facie case. They are the following: 1. Conduct; 2. duty; 3. breach of duty; 4. actual cause; 5. proximate cause; and 6. damages Conduct and Duty In order to establish duty, there are three factors in determining whether to impose a duty at common law. They are the following: 1. The relationship between the parties; 2. the reasonable foreseeable harm to the person injured; and 3. public policy concerns The existence of any of these factors is sufficient for the court to impose a duty and although conduct is mentioned as a factor, generally, it is not discussed as an element in the prima facie case. In this case, there was no relationship between Jetson and McDuff. The next factor would be aligning the reasonable foreseeable harm to the person injured. As a general principal, a defendant owes a duty of care to all persons who are foreseeably endangered by his/her conduct, with respect to all risks which make his/her conduct unreasonably dangerous. In this case, there is reasonable foreseeable harm to the person injured because the defendant, Jetson, owed a duty of care. She had to make sure that by driving; she would pay attention to the road and make sure that she is wearing appropriate shoes for driving. We know that this was not the case, since she decided to wear flip flops not only endangering herself, but McDuff as well. Jetson could argue, that she did not breach duty of care since she was not driving recklessly and she was not...
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...Ethical Vignette Paper 1 Liberty University Abstract As a Professional Counselor in the United States of America there are regulations in each state regarding being a mandated reporter. For instance, duty to warn, duty to report and learning when to breach confidentiality will be discussed in this paper. This particular paper summarizes the video, Legal and Ethical Issues for Mental Health Professionals, Vol. 1: Confidentiality, Privilege, Reporting and Duty to Warn (2008), ACA Code of Ethics (2005) and Virginia Board of Counseling state board rules/regulations that applies to confidentiality, privilege, reporting and duty to warn. As future Licensed Professional Counselor, a demonstration of how the state of Virginia Board of Counseling’s board rules/regulations will be applied to my future practices as a professional counselor. After reviewing the video there are legalities and clinical judgment’s a Licensed Professional Counselor must be aware of when rendering services in the mental health field (www.psychotherapy.net). Psychotherapy.net (2008) video discussed different steps were discussed such as duty to report, confidentiality, and privilege to discuss a client’s information. As mandated reporters, health care providers and mental health providers must report all forms of child and elderly abuse. The video presentation provided a case in which a child was brought into the emergency room by his foster mother and he had quarter-size bruises on his arms, the...
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...The Complexity of Ethical Decision Making Former U.S. Supreme Court Justice Potter Stewart remarked, "Ethics is knowing the difference between what you have a right to do and what is right to do." In parsing out a virtuous ethical identity, psychologists strive to embrace several American Psychological Association [APA]-worthy overarching principles, to apply the enumerated guidelines within the Code of Ethics, and to cultivate personal and professional integrity in their quest to serve others. Furthermore, making an ethical commitment to placing the well-being of clients above one’s own personal feelings is paramount in providing effective therapeutic services that clients seek. However, the gentle human interplay of dependency, power, and will; the uniqueness and unpredictability of autonomous human beings; and the complexity of personality, behavior, and the inimitable experiences of each individual clearly drive and complicate the process of ethical decision-making. In espousing the “very highest ethical ideals of the profession (Hill, 2008),” eventually every psychologist must find a way to merge her purely objective, linear, and rational ethical catechism with her own intuitive responses to best reflect and balance her style, therapeutic orientation, and professional belief system with the needs of each distinct client. Conversely, a purely sensate approach to ethical decision-making, it seems, relies too heavily on subjectivity, whimsy, and emotions...
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...hazard sign to warn passer-by about the spill. - Tort law – a spill at the front of Mcd’s cause the cleaner to fall and suffer injury. - Contract law – the building has a system that whenever there is a spill, the cleaner should stop and mop the mess. Breach the law because she is not aware and cause the incident to happen herself. 2) = Organise and plan with reasonable certainty all the contract. - The building has an appropriate system in place to deal with the spill such as stop, putting a hazardous sign to warn customers first as well as to clean up the mess. = Lay down the rights, duties and powers of members of different classes and groups = The law defines the right and duties of an employee: rights (work in a safe work environment); duties (to come to work, do your job, act in the best interests of your employer) o The law defines the right and duties of an employer: rights (for your employees to come to work, do their job, act in your best interest); duties (pay employees for their, provide a safe work environment) - The building has an appropriate system in place to deal with the spill such as stop, putting a hazardous sign to warn customers first as well as to clean up the mess. =Permit, encourage, forbid or discourage particular activities. * Encouraged to put up a hazard sign on spilt area. * Encouraged to wear safety shoes during working hours to prevent unwanted accidents to occur. = Creates rights and duties that can be enforced ...
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...ethics, to merchant malpractices. 2. Do you think McDonald’s has a duty to warn consumers of the dangers of eating its fast food? Do parents owe a duty to their children not to let them eat fast food too often? In my opinion, McDonald’s have duty to warn consumers of the dangers of eating its fast food, because a merchant who has morality should tell consumers the truth, and then let the consumers choose whether the consumption. This is a successful business enterprise.Conceal the facts only can let the merchant in trouble. Parents also owe a duty to their children not to let them eat fast food too often, because children eat fast food too often can cause overweight, malnutrition,etc. Children's health will be affected. So they need to let children know don’t eat fast food too often. 3. What would have been the effect on McDonald’s and other fast-food companies if the plaintiff had won her lawsuit against McDonald’s? Explain. If the plaintiff had won her lawsuit against, McDonald’s should make some new health food in the market, not always deep fried foods, like French fries. All of no health food will let children get fatter and fatter, more fruits and veg.,salad will be better. Facts: A 19 years old girl sues Mcdonald's claiming they were the cause of her obesity. Issue:Does Mcdonald's have duty to warn customers? RULE:No,they don't have the duty. Analysis: Mcdonald's have no duty to warn customers because of this case and other threats of litigation. Fast...
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...University of Phoenix Material Codes of Ethics Comparative Chart Instructions Human services professionals often need to make ethical decisions when providing support to clients. Research the organizations in the chart below. Websites for the organizations can be found in Ch. 1 of Issues and Ethics in the Helping Profession. Complete the following tables to compare several organizations and their guidelines about their responsibilities to their clients, their responsibilities to service providers, their attitudes concerning the duty to warn and the duty to protect, and cultural considerations. Responsibility to Client |Organization |Responsibility to client | |National Organization of Human Services (NOHS) |Expanding professional development opportunities. Enhancing internal and external communications. Nurturing the financial | | |sustainability and growth of the organization. Promoting professional and organizational identity through certification | |American Association for Marriage and Family Therapy (AAMFT) |Advocacy efforts involving the profession of marriage and family therapy. AAMFT participates in numerous coalitions and | | ...
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...professionals getting charged and those that weren’t, so changes have now taken affect. As professionals in the human service field it is important for us to know that now if a client expresses they have a plan to kill someone, it is our obligation to break confidentiality and inform the potential victim and or the police of the thoughts of your client. This may be a tough thing for some of us to do because of the ethical responsibilities we have with our clients but now this is a part of our legal responsibilities to protect the welfare of the society by having the duty to protect individuals who are bing threatened with bodily harm by a client naming it “duty to warn and duty to protect” (in the previous ruling it was only known as “duty to warn”. This is also known as a “Tarasoff warning” in place, meaning where a mental health professional is required to warn of a credible danger to a reasonably identifiable victim. Duty to protect includes clients that may be suicidal. Human services code of ethics entitles us as professionals to let the client know before our sessions began that we have a limits to our confidentiality. It also provides ethical standards to which the general public can hold the social work profession accountable due to the fact that the professionals in the case could have possibly prevented the sad incident from happening. Sometimes an issue may arise when social workers’ ethical obligations conflict with agency...
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