The duty to protect.
نویسندگان
چکیده
Privilege and confidentiality are central to the physician–patient relationship. These concepts are protected by law in almost all jurisdictions (1,2). Breaches of confidentiality have long been considered unethical and, in many situations, actionable. In this regard, physicians have been governed by their standards of practice, by the regulations of their professional colleges, and in many jurisdictions, by legislation.
منابع مشابه
State`s Responsibility for Protecting the IPRs and the Food Security of Citizens
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Psychiatry has been struggling for nearly 40 years to make sense of the duty to protect. The great jurisdictional disparity as to what constitutes the duty has been a significant contributing factor. The American Psychiatric Association (APA) released the Model Statute in 1987 to establish a framework to guide legislators and courts toward consensus, to some effect. In response to case law and ...
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Psychotherapists' duty to protect potential victims from their patients' violence has evolved in recent years toward a narrower set of obligations. This reformulation of the duty appears to us to be consistent with a sociobiological analysis of the reasonableness of compelled altruism. Altruistic behavior (e.g., rescuing a potential victim) takes place rarely in the animal world, and even among...
متن کاملNo duty to warn in California: now unambiguously solely a duty to protect.
In 2013, legislation went into effect clarifying that the Tarasoff duty in California is now unambiguously solely a duty to protect. Warning the potential victim and the police is not a requirement, but a clinician can obtain immunity from liability by using this safe harbor. In situations in which a therapist believes warning might exacerbate the patient's risk, however, alternative protective...
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The original Tarasoff decision created a duty for California psychotherapists to warn potential victims of their patients. After rehearing the matter two years later, the California Supreme Court, in the landmark second Tarasoff decision, changed the duty to warn to a duty to protect potential victims, with warning as only one of the options for discharging that duty. Despite this change, the T...
متن کاملThe Tarasoff rule: the implications of interstate variation and gaps in professional training.
Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Fur...
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ورودعنوان ژورنال:
- Canadian journal of psychiatry. Revue canadienne de psychiatrie
دوره 47 7 شماره
صفحات -
تاریخ انتشار 2002