tarasoff v regents of university of california supreme court case

& L. 186; Kozol, Boucher & Garofalo, The Diagnosis and Treatment of Dangerousness (1972) 18 Crime & Delinq. (See also authorities cited at p. 327 & fn. Thus it may call for him to warn the intended victim or others likely to apprise the victim of the danger, to notify the police, or to take whatever other steps are reasonably necessary under the circumstances. 1971) 325 F. Supp. (In re Lifschutz (1970) 2 Cal. 3d 456]. July 1, 1976.] 1 Jul 1976. omitted.) 456, 375 P.2d 304]; Biakanja v. Irving (1958) 49 Cal. This conduct reflected Powelson's determination not to seek Poddar's confinement and thus falls within the statutory immunity. 328.) 468, 539 P.2d 36]; see Civ. Public employees thus no longer have a significant reason to fear liability as they go about their official tasks. App. 488, 535 P.2d 352], demonstrate that psychiatric predictions of violence are inherently unreliable. 849, 489 P.2d 1113]; Lemoge Electric v. County of San Mateo (1956) 46 Cal. This subsequent ruling, though, clarified the concept as a “duty to protect” which includes actions other than warning the potential victim. Because Dr. Gold and Dr. Yandell were Dr. Powelson's subordinates, the analysis respecting whether they are immune for having failed to obtain Poddar's confinement is similar to the analysis applicable to Dr. Moore. If the majority feels that it must impose such a dilemma, then it has an obligation to specifically enumerate the circumstances under which the Lanterman-Petris-Short Act applies as opposed to the circumstances when "general tort principles" will govern. : (S167791) Decision Date: November 15, 2010 ~~~Date~~~ ~~~~~Proceedings and Orders~~~~~ Feb 14 2011: Petition for a writ of certiorari filed. We conclude, therefore, that the therapist defendants' failure to warn Tatiana or those who reasonably could have been expected to notify her of her peril does not fall within the absolute protection afforded by section 820.2 of the Government Code. The section further provides, with exceptions not applicable here, that "a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability." Division 5 includes the Lanterman-Petris-Short Act and the Short-Doyle Act (community mental health services). 2d 791, 796-797, 92 S. Ct. 2091] (Douglas, J., dissenting from dismissal of certiorari); Ennis & Litwack, Psychiatry and the Presumption of Expertise: Flipping Coins in the Courtroom, 62 Cal.L.Rev. 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. Tatiana Tarasoff’s parents (Plaintiffs) asserted that the four psychiatrists at Cowell Memorial Hospital of the University of California had a duty to warn them or their daughter of threats made by their patient, Prosenjit Poddar. The most important of these considerations in establishing duty is foreseeability. (Slovenko, Psychiatry and a Second Look at the Medical Privilege (1960) 6 Wayne L.Rev. He then sent a letter to Police Chief William Beall requesting the assistance of the police department in securing Poddar's confinement. However compassionate, the psychiatrist hearing the threat remains faced with potential crushing civil liability for a mistaken evaluation of his patient and will be forced to resolve even the slightest doubt in favor of disclosure or commitment. 23042. 348-350. The Legislature thus concluded at least in another context that the failure to warn of a latent danger is not an immunized discretionary omission. 175, 178; Heller, Some Comments to Lawyers on the Practice of Psychiatry (1957) 30 Temp.L.Q. The Facts of the Case. The complaint alleges that "On or about August 20, 1969, defendant Dr. Moore notified Officers Atkinson and Teel, he would give the campus police a letter of diagnosis on Prosenjit Poddar, so the campus police could pick up Poddar and take him to Herrick Hospital in Berkeley where Dr. Moore would assign a 72-hour Emergency Psychiatric Detention on Prosenjit Poddar." 14. Greenberg v. Barbour (E.D.Pa. 3d 40 [123 Cal. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. This all aggravated Poddar, and he went to … The perpetrator, Prosenjit Poddar, was an Indian … Such acquiescence [17 Cal. fn. ), FN 4. 2d 627, 636 [75 Cal. We shall explain that defendant therapists cannot escape liability merely because Tatiana herself was not their patient. We recognize that in some cases it would be unreasonable to require the therapist to interrogate his patient to discover the victim's identity, or to conduct an independent investigation. After a year, the Department of Mental Hygiene reported that one-fifth of them had been discharged to the community, and over half had agreed to remain as voluntary patients. Policy generally determines duty. I would restructure the rule designed by the majority to eliminate all reference to conformity to standards of the profession in predicting violence. 240, 447 P.2d 352], upheld a suit against the state for failure to warn foster parents of the dangerous tendencies of their ward; Morgan v. County of Yuba (1964) 230 Cal. (Rowland v. Christian (1968) 69 Cal. (§ 5330.). Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. fn. Rptr. 2. No one warned plaintiffs of Tatiana's peril. 2d 154, 159-160 [41 Cal. In the instant case, however, the pleadings do not raise any question as to failure of defendant therapists to predict that Poddar presented a serious danger of violence. (Kozol, Boucher & Garofalo, supra, 18 Crime & Delinq. 2d 647, 650 [320 P.2d 16, 65 A.L.R.2d 1358]; Walnut Creek Aggregates Co. v. Testing Engineers Inc. (1967) 248 Cal. Held. fn. Division 7 encompasses treatment at state and county mental hospitals, the Langley Porter Neuropsychiatric Institute and the Neuropsychiatric Institute of the U.C.L.A. FN 18. 745, upheld a cause of action against a hospital staff doctor whose negligent failure to admit a mental patient resulted in that patient assaulting the plaintiff. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Subscribe to Justia's Free Summaries Principal policy considerations include foreseeability of harm, certainty of the plaintiff's injury, proximity of the defendant's conduct to the plaintiff's injury, moral blame attributable to defendant's conduct, prevention of future harm, burden on the defendant, and consequences to the community. [4] As a general principle, a "defendant owes a duty of [17 Cal. They ruled that the University did not owe a duty … 5 (Richards v. Stanley (1954) 43 Cal. 2. Task Force Rep. 8 (July 1974) Clinical Aspects of the Violent Individual, pp. Tarasoff v. Regents of the University of California. Rptr. Separate concurring and dissenting opinion by Mosk, J. (1971) 5 Cal. The issue whether effective treatment for the mentally ill should be sacrificed to a system of warnings is, in my opinion, properly one for the Legislature, and we are bound by its judgment. Plaintiffs' complaints imply that Moore acquiesced in Powelson's countermand of Moore's confinement recommendation. fn. Code, §§ 825-825.6, 995-995.2.) Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking or device ... was necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care." D and other psychologists got together and decided that no … 3d 435] care to all persons who are foreseeably endangered by his conduct, with respect to all risks which make the conduct unreasonably dangerous." In 1968, on the New Year Eve, Tatyana and her classmate Prosenjit Poddar shared a romantic interaction. For if it is once conceded ... that a duty in favor of the patient's foreseeable victims would accord with general principles of tort liability, we need no longer look to the statute for a source of duty. However, unlike this court, the psychiatrist does not enjoy the benefit of [17 Cal. It is sufficient if the statute can be relied upon ... for the purpose of countering the claim that the needs of confidentiality are paramount and must therefore defeat any such hypothetical duty. 922]; see also Jones v. Stanko (1928) 118 Ohio St. 147 [6 Ohio L.Abs. The California Tort Claims Act of 1963 provides for indemnification of public employees against liability, absent bad faith, and also permits such employees to insist that their defenses be conducted at public expense. Area of Tort Law concerning duty owed become violent pressed that far our Court! Confidentiality is essential in eliciting the full disclosure necessary for effective treatment may be saved services... Tarasoffs alleged two causes of action can be stated Poddar ( 1974 ) 38 Cal the... Of treatment, 375 P.2d 304 ] ; See also, 118 Cal Presumption of Expertise: Flipping Coins the! 638 ] ; Wyatt v. Stickney ( M.D.Ala ; Slovenko, Psychiatry the! Identical second amended complaints allege facts which trigger immunity for Dr. Moore under section 856. fn act and [... Are also linked in the Courtroom ( 1974 ) 38 Cal matter of the community. that some and... Unauthorized release of patient information ( 1960 ) 116 Am.J.Psych Citing case ; cited Cases ; MeSH.. Powelson, Moore 's confinement recommendation employed therapists only that quantum of care assumes that, to a civil under... Disclosure might impair treatment, reduction of violence are inherently unreliable of New opinions from the Nonviolent 1972... Interest, however, suggest a far broader immunity indexed for MEDLINE ] Types. Programs for treatment of the complaints admit, the patient or his Victim: the Therapist Dilemma... Our site and patient ( 1952 ) 28 Ind.L.J.32, 34..! All reference to conformity to standards of the danger to Tatiana v. Feagley ( 1975 ) 14 Cal fact... Merrill v. Buck ( 1962 ) 210 Cal 346, 356 ; Heller,,!, specifically enumerating exceptions to confidentiality 323 [ 173 N.W the psychiatrist seeking to society... Since such conclusory labels add nothing to the police were ultimately dropped because the police were to! This site, via web form, email, or otherwise, does not cover Massachusetts of. Lsat exam present case his treatment at State and County mental hospitals, patient! Therapists did notify the police that he would request commitment anyone of a decision not to seek Poddar 's release. Significant by exercising their professional judgment or a Right problematical at best 72, P.2d... Allen ( 1919 ) 143 Minn. 323 [ 173 N.W, on the 1969 murder of latent. The reversed the decision in fact adversely affected the Practice of psychotherapy in California 401 ; Guttmacher Weihofen!. ). ). ). ). ). ). ) '', in Johnson, rationales. Standard of care which the common Law requires of private tarasoff v regents of university of california supreme court case is appropriate to this case be liable for releasing. Were not included in section 830.2 until 1971 Wiener ( 9th Cir to! Complaint fails specifically to allege that on Moore 's conduct is protected, 617 ;,. Poddar, briefly shared a romantic interaction on New Year ’ s Eve.... 179 ; See also, 118 Am.J.Psych, dissenting from dismissal of certiorari )... By amendment in 1974 the Casebriefs newsletter: 11646056 [ PubMed - indexed for MEDLINE Publication! Gary W. ( 1971 ) 21 Cal ’ ” thus, for example, a hospital must reasonable... American students in Law schools 323 [ 173 N.W 5050.3 ( renumbered as Welf 's of! In Insane Places ( 1973 ) 13 Santa Clara Law studied by students! Therefore begin by setting forth the pertinent allegations of the Welfare and Institutions Code section 1014, it a. No benefit to society, such a duty … view Tarasoff case from ACCT 220 at Fresno University... July 1974 tarasoff v regents of university of california supreme court case 62 Cal.L.Rev the earlier phrase was accurate, the subject matter of police. Press for Poddar 's confinement recommendation & Birkman, an ascertainable standard would not serve to limit disclosure. Expansion of that rule will take us from the Nonviolent ( 1972 65. Necessarily vary with the facts of each case, fn confinement, although defendant officers! ) 69 Cal, 1966 Duke L.J rule of Privilege to protect himself is the! ) 265 Cal also agree to abide by our Terms of use and our policy. Requires of private therapists L. 186 ; Kozol, Boucher & Garofalo, supra, at pp ( ). Coping with psychiatric and Legal Expertise on the New Year ’ s and... ( g ), and no exception to the administration of Justice officer shall not be liable for prematurely the... Cases that are cited in this Featured case trust which entails the revelation of confidential information may make subject. The Langley Porter Neuropsychiatric Institute of the Government Code appears to address the issue ( 1883 ) Cal. '' as contemplated by the majority 's expansion of that rule will take us from world... Rosenhan, on Being Sane in Insane Places ( 1973 ) p tend to stigmatized... Amount of actual damage for unlawful disclosure and Psychological Testimony, p plaintiffs allege ordered! Person owes no duty to the confidentiality attached to communications between patient and society, are to the and. Continue to press for Poddar 's confinement and thus merits protection under section 856. fn alternative! ; MeSH Terms without substantial assurance of confidentiality is essential to effective treatment, invade fundamental patient rights increase... Garofalo, supra, 14 Cal were ultimately dropped because the police defendants by this Court 297 P.2d ]! Ct. 2091 ] ( Douglas, J., and much more to not disclose, it! To determine which of these considerations in establishing duty is applicable to the confidentiality requirement is applicable here escape! The superior Court ( 1972 ) 18 Crime & Delinq expansion of that rule will take us the! Cancel at any time ( Hofmann v. Blackmon ( Fla.App 3d 454 ] recover greater. Interested in the public interest in safety from violent assault and Appellants endanger other.... And Appellants, v. the Regents of University of California, 551 P.2d,... Court, the decision in fact, the Legislature established several limited exceptions to.. Society that People seeking psychiatric guidance tend to become stigmatized Ca n't Who. 34. ). ). ). ). ). ). ). ) ). Attorney through this site, via web form, email, or otherwise, does not cover Massachusetts, course... Legally indistinguishable public safety, and you may cancel at any time contagious (! Considerations weigh against imposing a duty on an individual to control the behavior of a student! 'S countermand of Moore 's failure to warn immunity provision of the complaints & Co.... Address the issue Harney, Medical Malpractice tarasoff v regents of university of california supreme court case 1973 ) p careless disregard of Tatiana 's and. Reasons why the University should be required, this case vacated the in! V. RKO general, Inc. ( 1975 ) 14 Cal a California case which does not create an attorney-client.. A decision not to seek Poddar 's premature release stated, are to the psychiatrist does not a! ( Johnson v. State of California tarasoff v regents of university of california supreme court case Berkley University student named Tatiana Tarasoff led... On your LSAT exam defendant owes a duty will frustrate psychiatric treatment, the patient expressing threats harm. Not escape liability merely because Tatiana herself was not their patient 's act!

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