Opinions about the laws vary. Tarasoff v. Regents of the University of California, 17 Cal. 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. The case of Tarasoff v. Regents of the University of California is concerned with psychotherapists’ obligation to defend potential victims of their patients’ actions if patients expressed threats or demonstrated some other kind of dangerous implications (Vitelli). Potential erosion of psychotherapist-patient privilege beyond California: Dangers of “Criminalizing” Tarasoff. IvyPanda. We will write a custom Essay on Counseling Ethics in Tarasoff v. Regents Case specifically for you for only $16.05 $11/page. How to Decide if you Should Send Your Kid to a... How to Soothe a Sore Throat with Honey and Lemon. Psychiatrist Elliott Martin, MD, graciously provides us with two rich clinical scenarios and notes the understandable confusion, anxiety, and ethical conundrum that may arise when the Tarasoff conflict is “invoked.” The cases seemed contentious and perhaps ambiguous to Dr Martin-not all uncommon for Tarasoff-type scenarios. The issue raises too many questions that are impossible to answer. ... 33 U.S. states have passed Tarasoff laws, which 11 have left the issue up to the discretion of the therapist. Minimum 600 words Describe the ethical dilemma(s) involved in the Tarasoff Case Study and both sides of the issues, along with any conclusions you’ve reached personally. The California Tarasoff case exemplifies the challenges providers face in protecting confidentiality. Most of all, there is a problem of undermining trust between a therapist and a client. 13, no. Counseling Ethics in Tarasoff v. Regents Case, Motivational Interviewing and Needed Skills, Positive Psychology for Life Quality Improvement, Analysis of the case from the victim’s family, Analysis of the case from psychiatry specialists, “Revisiting Tarasoff: Should Therapists Breach Confidentiality over a Patient’s Violent Threat?”, A Discussion of Affirmative Action & Diversity Initiatives, Confidentiality and Ethical Decision in Psychotherapy, “Odysseys in Psychotherapy” by Shay Joseph and Wheelis Joan, Affirmative Psychotherapy for American Jews, Rehabilitation Counseling Associations' Membership, Historical and Contextual Concerns in Psychology, American Counseling, Ethical and Cultural Issues. If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Also, there are issues concerned with confessing to suicidal attempts. The video also helped me to reflect thoughtfully on how easy it can be to accidentally break confidentiality so caution is necessary. Week 5 PSY 510: Contemporary And Ethical Issues In Psychology Tarasoff case and rulings. meiselmcginnisd. I would utilize the rational decision-making model to help me work through the ethical dilemma logically. Reported to the campus police and held briefly, he was released and then did as he had said. Both the trial court and the California Court of Appeal ruled that the Tarasoffs did not have a valid cause of action. In Tarasoff, the Supreme Court of California addressed a complicated area of tort law concerning duty owed. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. “Revisiting Tarasoff: Should Therapists Breach Confidentiality over a Patient’s Violent Threat?” Psychology Today, 2014, Web. Therefore, the ethical dilemma of the issue is that under the new rule, it has become therapists’ responsibility to decide how serious their patients’ threats are and whether it is necessary to inform potential victims and police officers about them. Though the Tarasoff murder is an extreme example, it reflects the ethical decisions many therapists are called upon to make. The video assigned gave me valuable insight on the importance of informed consent. 511-516. I had the opportunity to envision how I would resolve a duty to warn ethical dilemma, and explain what I learned this week. The problem is that this statute is very vague on what constitutes reasonable under the law. If that is not possible, then I would give them a referral for another counselor. While it has been decades since the legal duty to warn was first established, it remains a topic of debate. Her experience and the way she shared her experiences in the video made it easier for me to get a better picture of how confidentiality fits within the counseling field. Retrieved from https://ivypanda.com/essays/counseling-ethics-in-tarasoff-v-regents-case/. Bersoff (2014) acknowledges that the counselor has met their legal obligations when they warn the victim and notify law enforcement (Bersoff, 2014). In this paper, I will discuss California’s law that stems from the Tarasoff case. Tarasoff’s family sued the campus police and the university health service for negligence. “Tarasoff: Five Years Later.” Professional Psychology, vol. 39-45. 3d 425, 551 P.2d 334, 131 Cal. Running Header: TARASOFF CASE STUDYLECTURER’S NAMESTUDENT’S NAMECOURSE TITLEDATE OF SUBMISSION 1 Running Header: TARASOFF CASE STUDYEthical … The counselor could warn the victim directly or their relatives if they have contact information to reach them. 14, was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. (2001). "Counseling Ethics in Tarasoff v. Regents Case." With the Tarasoff ruling came some flexibility with how the counselor applied the duty to warn guidelines. Tarasoff's parents sued the police officers and psychiatrists of the University of California, Berkley. I would use this model to ask myself, ‘In this situation, what would be considered the reasonable duty of care expected of me legally?”. It begins with a discussion of the 1968 case of Tatiana Tarasoff, which established legal precedent for a duty to warn. If a person confesses something during a session, it is usually a rule that the psychiatrist cannot share this information with a third party. California has struck a balance for counselors by ensuring that counselors would not face civil liability when breaking confidentiality to protect a victim. Rptr. Initially, the Tarasoff family's lawsuit failed. Technologies LLC, a company registered in Wyoming, USA. Cite this page: Danielle Bosley, "Ethics and Legal Issues in Counseling: Duty to Warn and Tarasoff," in, Ethics and Legal Issues in Counseling: Duty to Warn and Tarasoff, http://www.counseling.org/resources/aca-code-of-ethics.pdf, Ethics and Legal Course: Landmark Legal Case, Characteristics and Behaviors of Effective Counseling, https://psychologydictionary.org/article/ethics-legal-issues-counseling-duty-warn-tarasoff/. Tarasoff v. Regents simply codifies the right of people to sue if a mental health professional does not warn them of an imminent threat against them. Knapp, Samuel, and Leon VandeCreek. It goes deeper than merely stating HIPAA requires it, but requires constant vigilance to make sure that we are doing the best we can to follow all confidentiality and duty to warn guidelines. If I continued seeing the client, I would emphasize why I had to break confidentiality and strive to regain their trust. As discussed earlier, the Tarasoff ruling in 1976 formed the foundation of case law that guided practice with regard to a clinician’s duty to warn others of a client’s intent to harm. However, California has another statute about the duty to protect. The case of Tarasoff v. Regents of the University of California is concerned with psychotherapists’ obligation to defend potential victims of their patients’ actions if patients expressed threats or demonstrated some other kind of dangerous implications (Vitelli). IvyPanda. IvyPanda. 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). I also realize that throughout this counseling program I will have to constantly maintain awareness and continue to reflect on the meaning of confidentiality. IvyPanda. From the opposite side of the conflict – that of the therapist -, he did everything he could under regulations. 14 (Cal. This case triggered passage of “duty to warn” or “duty to protect” laws in almost every state as summarized in the map and, in more detail, in the chart below. Ethics and Accountability I always expect to be held to a very high standard. So this case shows that the Poddler's act that is the killing of Tatiana Tarasoff. The University did not warn Tarasoff or her family. 79, no. N.A. Weinstock, R. & Leong, G., & Silia, J. 2020. 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