Journal Published Online: 01 September 2001
Volume 46, Issue 5

The Fin de Millénaire Duty to Warn or Protect

CODEN: JFSCAS

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.

Author Information

Felthous, AR
Southern Illinois, University School of Medicine and Chester Mental Health Center, Chester, IL
Kachigian, C
Southern Illinois, University School of Medicine and Chester Mental Health Center, Chester, IL
Pages: 10
Price: $25.00
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Stock #: JFS15106J
ISSN: 0022-1198
DOI: 10.1520/JFS15106J