14 (Cal. The Tarasoff case is a case study based in 1969 where a girl named Tatiana Tarasoff was shot with a pellet gun and then stabbed seventeen time to her death by Pronsenjit Poddar. In the case involving Tatiana Tarasoff’s murder by a psychologically unstable student Prosenjit Poddar, the girl’s parents considered the therapist guilty of their daughter’s death (Vitelli). Id. Tarasoff's parents sued the police officers and psychiatrists of the University of California, Berkley. It was the duty of therapist to inform and warn the victim of the coming danger. View Case Analysis 3 from COMM 101 at Ivy Tech Community College of Indiana. Analysis of Ethical Decisions: The Tarasoff Case Analysis Analysis of Ethical Decisions: The Tarasoff Case Analysis Identifying the ethical dilemma Various ethical dilemmas related to the maintenance of confidentiality are inherent in the medical setting. Prosenjit Poddar, a University of California graduate student, developed an infatuation with Tatiana Tarasoff, a woman he met at a dance class. However, no action was taken and this actually causes Poddar in carrying out his threat that he killed Tarasoff (Small, 2010). These cases involved the murder of a young woman by her ex-boyfriend, who had been a patient at a University counseling center. Tarasoff case law and the codification of that case law (Civil Code Section 43.92) establish different duties a clinician must fulfill in order to be protected from liability if a client does carry out a violent act. A related occurrence that is seen in history, which can be, likely is "i'm concerned about Ritalin use; its possible effects on children's growth, and its increasing heart-attack risk in hypertensive adults" an acquaintance worries. Two months prior to the killing, he had confided his intention to kill her to Dr. Lawrence Moore, a psychologist who was employed by the Cowell Memorial Hospital at the University of California at Berkeley. The use of analogical reasoning would have illuminated the similarities and differences between the two cases and would have helped the authors to determine which morally relevant features a paradigm case should minimally share with its analogous cases. In 1976, the Tarasoff case established a new legal duty to protect third parties from a psychiatric patient's foreseeable violence. No. 12 Additionally, laws generated from courts and from legislatures are treated the same in each regression. A remarkable example of this was the case of Naidu v. Laird, which further expanded the duty to unidentified victims and unintentional harm. So this case shows that the Poddler's act that is the killing of Tatiana Tarasoff. Section 856 also insulates Dr. Moore for his conduct respecting confinement, although the analysis in his case is a bit more subtle. Regents of University of California, 17 Cal.3d 425, 131 Cal.Rptr. Tarasoff v. Regents of the University of California Case Analysis Hello, The topic for this cases analysis is “Duty to Inform”. State statutes typically make it a crime for a person who knows that he or she is HIV positive to engage in unprotected sex, them, such as violence precipitating events, weapon of choice, and mental illnesses. The University did not warn Tarasoff or her family. The counselor is responsible to take reasonable precautions by warning or protecting a victim when a client threatens to physically harm them (Richards &Richards, 2005). Tarasoff duty to warn/ protect is practiced by the therapist or psychologist to determine serious threat of violence to another and they have reasonable care to warn and protect the potential victims when there were foreseeable danger (Small, 2010). California was the first state to adopt duty to warn guidelines due to the Tarasoff case. In 1976, the Tarasoff case established a new legal duty to protect third parties from a psychiatric patient's foreseeable violence. Both the trial court and the California Court of Appeal ruled that the Tarasoffs did not have a valid cause of action. The Tarasoff case imposed a liability on all mental health professionals to protect a victim from violent acts. They were: 1. Ewing I distinguishes between Tarasoff, the case, and § 43.92, the statute, by saying that the "resulting statutory provision, section 43.92, was not intended to overrule Tarasoff or Hedlund, but rather to limit the psychotherapist's liability for failure to warn to those circumstances where the patient has communicated an actual threat of violence against an identified victim…" David G. Jensen, JD former Staff Attorney The Therapist March/April 2005. Analysis of the case would suggest that Poddar presented for psychiatric help at a time his intended victim was still out of his reach (in Brazil) and when controls and limits could still be set in motion to prevent violence. Their analysis required a balancing test between the need to protect privileged communication between a therapist and his patient and the protection of the greater society against potential threats. Reference: Tarasoff v. Regents of University of California, 17Cal.3d425, 131Cal.Rptr.14, 551P.2d334 (1976). The confidentiality and additional intervention such as treatment get disregarded in such a case. Walcott, Cerundolo, and Beck (2001) cite the second Tarasoff case, establishing a duty to protect. By now, the case name Tarasoff v.Regents of the University of California 1 has become a household word in American mental health law circles. D and other psychologists got together and decided that no … In Tarasoff case, the client, Poddar was intended to kill his formal girlfriend, Tarasoff (Small, 2010). Author information: (1)Harvard Medical School, Tewksbury State Hospital, 365 East Street, Tewksbury, MA 01876, USA. The University did not confine Poddar. Legislation insists that the danger should be clear and imminent before breaking the confidentiality, On October 27th of 1969, after returning home from a summer in Brazil, University of California at Berkley student, Tatiana Tarasoff was repeatedly stabbed and killed by a fellow classmate, Prosenjit Poddar. Open mobile menu Psychology Today There is an exception to the general no duty rule in cases in which the D stands in some special relationship to either the person whose conduct needs to be controlled or in a relationship to the foreseeable victim of that conduct. After a kiss on New Year's, Poddar became convinced they had a serious relationship. California Law Stemming From the Tarasoff Case. The health psychologist has a primary responsibility to the patient. 13 2d 334 551 p. 2d 334 131 Cal. How does one practice good clinical judgment? Tarasoff v. Regents (Tarasoff v. Regents of University of California, 17 Cal.3d 425, 131 Cal.Rptr. For further details of sampling design and for selected portions of the questionnaire, see Daniel Givelber, William Bowers and Carolyn Blitch, "Tarasoff, Myth and Reality: An Empir-ical Investigation of Private Law in Action," Wisconsin Law Review, 2:443-97 (1984). 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