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Law and Human Behavior, Vol. 1, No. 3, 1977 Case~Comment A Therapist's Duty to Potential Victims A Nonthreatening View of Tarasoff What is the scope of a therapist's duty to protect persons from threats made against them by patients during therapy? If there is a duty owed to the public as well as to the patient, how are any conflicts between the two to be resolved? In Tarasoff v. Regents of the University of California, 1 the California Supreme Court recently concluded that a therapist does have a duty to exercise care in protect- ing a foreseeable victim from harm threatened by his patient. Debate surrounding the decision has been vigorous. Commentators have criticized the opinion for intruding into the patient-therapist relationship, 2 conflicting with the therapist's primary duty to serve his patient, 8 and constraining the practice of psychotherapy. 4 1Taras0ff v. Regents of Univ. of Cal., 529 P.2d 342, 118 Cal. Rptr. 129 (1974), vacated, 17 Cal.3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (1976). [T]he primary inadequacy of the Court's holding is not that it does not give serious thought to protecting the public, but rather that the duty it would impose is self-defeating, increasing,
Law and Human Behavior – American Psychological Association
Published: Sep 1, 1977
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