The Fin de Millénaire Duty to Warn or Protect

    Volume 46, Issue 5 (September 2001)

    ISSN: 0022-1198

    CODEN: JFSOAD

    Page Count: 10


    Felthous, AR
    Professor of Clinical Psychiatry and Director of Forensic Psychiatry and clinical assistant Professor, Southern Illinois, University School of Medicine and Chester Mental Health Center, Chester, IL

    Kachigian, C
    Professor of Clinical Psychiatry and Director of Forensic Psychiatry and clinical assistant Professor, Southern Illinois, University School of Medicine and Chester Mental Health Center, Chester, IL

    (Received 4 April 2000; accepted 2 December 2000)

    Abstract

    At the turn of the millennium, the authors summarize the evolution of a clinician's duty to protect third persons from a patient's violent acts over the past half century, with special emphasis on jurisprudential developments in the last decade. Four evolutionary periods are identified: Pre-Tarasoff, Inception, Diversification, and Retreat. The period of Retreat from Tarasoff in the nineties is characterized by the following approaches to Tarasoff: adoption, statutory containment, rejection of a duty to warn, rejection of a duty to control voluntary patients, and proactive circumscription of any protective duties. A more rational jurisprudential approach would permit some measure of flexibility for the proper exercise of clinical discretion.


    Paper ID: JFS15106J

    DOI: 10.1520/JFS15106J

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    Author
    Title The Fin de Millénaire Duty to Warn or Protect
    Symposium , 0000-00-00
    Committee E30