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Topic of Tarasoff’s Duties

1. Summarize one article on the topic of Tarasoff’s duties.

2. Share with your classmates and professors how would you integrate the findings of the article in your practice.

Two scholarly sources references are required unless stated otherwise by your professor.

topic of Tarasoff's duties

1. Summary of a Scholarly Article on Tarasoff Duties

Article Selected: The Duty to Protect: Four Decades After Tarasoff (Ahmad Adi & Mohammad Mathbout, American Journal of Psychiatry Residents’ Journal, 2018).

Summary:

This article revisits the landmark Tarasoff v. Regents of the University of California (1976) decision, which placed a duty to protect on mental health professionals—requiring them to take reasonable steps (e.g., warning the intended victim, notifying law enforcement) if a patient poses a credible threat to a third party Psychiatry Online.

The authors highlight several persistent challenges:

  • Subjectivity in assessing “dangerousness”, with no universal clinical thresholds guiding when confidentiality may be breached Psychiatry Online.

  • Variability across states, including how the duty is mandated, defined, or applied—leading to ambiguity and inconsistent practice Psychiatry Online.

  • Legal risk for clinicians, from both false positives (breaching confidentiality unjustifiably) and false negatives (failing to warn when harm occurs) Psychiatry Online.

  • Need for validated risk-assessment tools, plus federal guidelines or standardized protocols, to support clinicians in making ethically sound, legally defensible decisions Psychiatry Online.


2. Integration into Clinical Practice

To Classmates & Professors:

Drawing from Adi & Mathbout (2018), I plan to integrate the following into my future practice:

(a) Enhance Risk Assessment

  • Use both structured tools (e.g., HCR-20, VRAG) and sound clinical judgment to assess threats. This combination helps reduce discretion-based variability and strengthens the basis for breaching confidentiality if needed Psychiatry Online.

(b) Clarify Legal Responsibilities in My Jurisdiction

  • Become familiar with my local laws—whether the duty to warn/protect is mandatory, permissive, or undefined—so I can act lawfully and ethically Psychiatry OnlineJAAPL.

(c) Document Thoroughly

  • Keep detailed, dated records of risk assessments, decisions, consultations, and actions to support professional accountability and legal defense (if needed) Psychiatry Online.

(d) Seek Consultation When Needed

  • When unsure, consult with colleagues, legal advisors, or risk management professionals—especially in ambiguous or high-stakes situations.

(e) Educate Myself and Others

  • Advocate for and participate in formal training and continuing education on:

    • Tarasoff duty expectations

    • Risk assessment methods

    • Local legal statutes

  • This addresses documented training gaps, particularly around assessing and managing risk Psychiatry OnlineJAAPL.

(f) Balance Ethical Principles

  • Maintain a therapeutic alliance while safeguarding confidentiality—but prioritize safety when a credible threat exists.

  • Engage patients transparently (when possible) during disclosures to reinforce trust and collaborative care PubMedPsychiatry Online.


3. References (Two Scholarly Sources)

  1. Ahmad Adi & Mohammad Mathbout (2018). The Duty to Protect: Four Decades After Tarasoff. American Journal of Psychiatry Residents’ Journal. Psychiatry Online

  2. [Alternative scholarly source for added depth:] The Tarasoff Rule: The Implications of Interstate Variation and Gaps in Professional Training (J Am Acad Psychiatry Law, 2014). Psychiatry Online


Final Deliverable (Combined):

1. Summary:
Adi & Mathbout (2018) examines how, 40 years post-Tarasoff, clinicians still face ambiguity in assessing when to breach confidentiality due to variable laws and subjective threat thresholds. The article calls for validated risk tools and federal guidelines to support consistent, safe, and defensible clinical practice.

2. Integration:
I would apply structured risk assessments, stay informed of local regulations, document meticulously, seek consultations, pursue ongoing training, and uphold ethical transparency—while always prioritizing third-party safety when clinically justified.

References

  • Ahmad Adi & Mohammad Mathbout, The Duty to Protect: Four Decades After Tarasoff (2018) Psychiatry Online

  • The Tarasoff Rule: The Implications of Interstate Variation and Gaps in Professional Training (J Am Acad Psychiatry Law, 2014) Psychiatry Online

The post Topic of Tarasoff’s Duties appeared first on Nursing Depo.

Topic of Tarasoff’s Duties
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