...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, the police, as well as the Board of Regents of the University of California. (Apollo Library, n.d.) The supreme court of California ruled in favor of the Tarasoff family; they believed that the therapist when informed that a potential act of violence was going to occur, the therapist should have warned the third party in this case the Tarasoff family or the police. There has been some debates on...
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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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...1) What is Tarasoff v Regents of the University of California and what does it mean for mental health professionals? Tarasoff v. Regents of the University of California set a precedent requiring mental health officials to notify a third party if their patient names them as a target of violence. The case ultimately led to legislation in 33 states, requiring physicians to warn an individual if they are in danger of being harmed. When there is "imminent, serious and unavoidable" threat of harm a mental health official may break confidentiality to report the threat and could be held accountable if they did not do so and someone was harmed. 2) What state do you live in and does Tarasoff apply? Please explain the duty to warn statutes in your...
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...Science defines human life as a characteristic that exhibit a process with organization, growth, adaptation, etc.; however, ancient sages told people human life is extremely valuable and sacred, as a religious doctrine in the Ten Commandments: “Thou shalt not kill.” Moreover, when people talk about ethics, they will think about rules to differentiate right and wrong. It might be wise maxims of Confucius or religious beliefs. The most general way to define “ethics” is that “moral principles that govern a person's or group's behavior” (American English in Oxford Dictionary). Bioethics is a pretty young interdisciplinary study, which is considered with ethical questions related to the relationships among human beings, animals, and environments in the late twentieth century. Based on this, bioethics derived three main subdisciplines, which are medical ethics, animal ethics, and environmental ethics. Although each sub-discipline has particular study area in bioethics, there still are overlaps of ethical considerations and approaches. This makes it difficult to easily discuss ethics questions such as stem cell research, xenotransplantation, the ethical status of animals and the ethical status of the environment. Further discussion about the vital issue of moral status solutions is necessary at the same time. In the rapid development of the natural sciences and biotechnology has greatly promoted better living conditions and improve the living standards of people around the world...
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...they opted to do so here by citing the fundamental nature of self-defense and necessity of the right to bear arms to guarantee self-protection. Case NFIB V. Sebelius Issue: Congressional law that requires states to choose between complying with the patient protection and affordable care act or loss of federal funding for Medicaid is constitutionally valid and requiring all citizens to obtain health insurance or pay a penalty is unconstitutional Decision: Yes, under the Taxing and Spending Clause Reason: The justices unanimously agreed that the Anti-Injunction Act did not bar the suit. Congress did not intend that the payment for non-compliance with the Individual Mandate be a tax for purposes of the Anti-Injunction Act. Case: Tarasoff V. Regents of UC Isssue: Whether when the rapists failure to warn plaintiffs. Tatiana’s parents fear the danger to Tatiana was a breach of duty to safeguard their patient and the public? Decision: Yes, The rapist owes a legal duty not only to his patient, but also to his patient’s would-be victim and is subject in both respects to scrutiny by judge and jury. Reason: Since predictions of violence are often erroneous, it is not required that the psychologist render a perfect performance. The therapist must, however, exercise that ordinary skill, knowledge, care ordinarily exercised by those members of the professional specialty under similar circumstances. Case: Griggs V. Duke Power Co...
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...Ethical Vignette Paper Rashanda Joe Liberty University Abstract This paper presents a summary of the Counseling in Therapy video. In the video the actors discuss real life cases where the Supreme Court Judge had to rule on topics such as: exceptions to confidentiality, privilege, reporting, and the duty to warn. This writer will also discuss her finding s about the statures and laws as they pertain to North Carolina and give a summary of each. Finally the writer will discuss her reflection and how she could put these to action in her counseling career. Summary The video presentation was very interesting. It allowed actors to discuss real cases to give a better understanding about Confidentiality, Privilege, Reporting, and the Duty to Warn. It gave a clear picture of how these things, though they may sound similar are quite different in many ways. The first case was about a young boy was taken to the hospital by his foster parents. He was unconscious with bruises down the spine of his back and a bruise under his eye. When the nurse questioned her about it she stated that it was from being jostled in his car seat. The nurse did not make any note of that observation nor did she call CPS to report possible abuse as she believed what she was told by the foster mother. Dominic was then brought back to the hospital four days later suffering from head trauma and then died. Nurse Brown was being charged with a crime for failure to report the abuse. It is noted...
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...HSA 515 DISCUSSION QUESTIONS 1/10/12 Discuss the Stowers v. Wolodzko case questions. 1. What other information would you like to have to fully consider this case? Was she having symptoms of being “mentally ill” before she filed for divorce? Why didn’t husband speak with his wife first and why didn’t the doctor tell Mrs. Stowers the truth as to why he was there at her residence? Was he looking for something when he came to the residence? Did her husband pay/bribe psychiatrist? 2. According to the opinion, Mrs. Stowers was committed on the strength of the statement of two physicians that she was "mentally ill." Would that evidence be sufficient today to have someone committed involuntarily? If not, what would the evidence have to prove? Why? In this case, it does not prove that Mrs. Stowers was a threat to herself or others in her family. It seems as if she was kept away from her family except when it was convenient for her spouse. I do not think that a person could be committed today based on the evidence given in this case. Apparently, she became mentally ill when she filed for divorce. 3. How should these kinds of cases be handled today? If a person is in danger of harming themselves or others, all of the events should be documented so there is a trail of events. Depending on how bad or life threatening the event is, they may involuntarily commit the person and remain in constant contact with the family. How can intentional torts arise...
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...DOMESTIC CHANGING HEORY CHANGING PRACTICE 1. Introduction Throughout our world, violence confronts us daily. We hear about it on the news. We read about it in newspapers and on the Internet. We experience it subtly and overtly in all cultures and across nations in incidents ranging from ethnic slurs to hate crimes to violence carried out in the name of ideology. Such incidents of violence tend to be easily seen as they fall within the public domain. Less visible, however, but often more devastating, is the domestic violence that occurs within the family and often against women. The International Council of Nurses (ICN) (2001) notes in a summary of research done on four continents that as many as 20 to 50 percent of all women in the studies reported experiencing partner violence. But what are the links among domestic violence, health care profession, nurses, and ethics? In moral philosophy, there is a long tradition of debate on whether true moral dilemmas can exist, some arguing that it will always be possible to decide which obligation should prevail. On this concept regardless of the abstract possibility of an ideal resolution and the pragmatic reality that decisions are made and people have to live with them. An ethical dilemma presents a choice that must be made between two mutually exclusive courses of action, each of which is perceived to rest on a moral obligation that carries significant weight for the actor confronting the dilemma. According to Draucker...
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...Theory and Practice of Counseling and Psychotherapy by Gerald Corey Brooks/Cole, a division of Cengage Learning Theory Students: The following is an outline form of powerpoints produced by Gerald Corey, the textbook author, designed to accompany the textbook. Please note that the author is Gerald Corey and this work is produced by Cengage Learning, a division of Brooks/Cole Publishing Company. This work is copyrighted and can be reproduced and used only with the permission of the textbook company. The Therapeutic Relationship • The therapeutic relationship is an important component of effective counseling • The therapist as a person is a key part of the effectiveness of therapeutic treatments • Research shows that both the therapy relationship and the therapy used contribute to treatment outcome Theories of Counseling • Gerald Corey’s Perspective of Theories of Counseling: • No single model can explain all the facets of human experience o Eleven approaches to counseling and psychotherapy are discussed • Your textbook book assumes: o Students can begin to acquire a counseling style tailored to their own personality ▪ The process will take years ▪ Different theories are not “right” or “wrong” ▪ The Effective Counselor from the perspective of Gerald Corey • The most important instrument you have is YOU ▪ Your...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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