amend.2 This appeal ensued. Merton records that after returning to India, he fell in love with a lawyer, and was happily married for many years. Buckner F, Firestone M: "Where the public peril begins": 25 years after Tarasoff. The Tarasoff case imposed a liability on all mental health professionals to protect a victim from violent acts. Weinstock R, Vari G, Leong GB, et al. The key is using an assessment tool that has been generally recognized by the psychotherapy community, which certainly includes assessment devices published in textbooks, practice handbooks, peer-reviewed articles, and information acquired from continuing education course instructors. In that case, Mr. Jablonski was considered to be very dangerous to Ms. Kimball, although he never actually threatened her. Potential victim = “intended victims” 3. In situations where there is a “high” risk of violence, as determined by the therapist in the exercise of the therapist’s professional judgment, Simon recommends hospitalization, assuming the patient is mentally ill and would likely benefit from hospitalization.xiv For Simon, if the patient cannot be hospitalized, then the interventions listed under the “moderate” risk of violence scenario would have to be utilized to discharge the duty to protect. 1. Psychotherapists guard against this contingency by purchasing professional liability insurance. In terms of potential violence, it is a factor to be considered. These cases involved the murder of a young woman by her ex-boyfriend, who had been a patient at a University counseling center. A second difference between Tarasoff the Case and Tarasoff the Statute is the categories of people who could be victims of the patient’s violence. In fact, such activity may actually increase the likelihood of violence occurring. Under Tarasoff the Case, the duty to protect is triggered when the therapist “determines” that a patient presents a serious danger of violence to another. This ambiguity has been created by differences in the wording of two laws pertaining to Tarasoff situations. 14 (Cal. Rptr. About two months later, in October of 1969, Tatiana returned to California from Brazil, and Poddar began following her again. Let’s take a closer look at Tarasoff the Statute, California Civil Code § 43.92. American Psychiatric Publishing, Inc. 2001. p.190 If a patient threatens to commit violence against another person, the psychotherapist does not need to hear that threat directly from the patient himself or herself to have to assess the threat.x. Thereafter, Tatiana’s parents, Vitaly and Lydia Tarasoff, sued the Regents of the University of California, the campus police, and Cowell Memorial Hospital, among others, seeking damages for the wrongful death of Tatiana. As we have seen, however, depending on the facts of the case, the duty to protect can be discharged in different ways. Poddar then shot her with the pellet gun, and Tatiana ran away from the house. Perhaps the client has suffered a psychotic break and believes God has commanded him to sacrifice his daughter to atone for the sins of Hollywood. The issue was addressed by the California Supreme Court in Tarasoff and the court explained that: “We realize that the open and confidential character of psychotherapeutic dialogue encourages patients to express threats of violence, few of which are ever executed. Journal Journal of Aggression, Maltreatment & Trauma Volume 11, 2005 - Issue 1-2. Note, and this is crucial, that there is no automatic immunity for taking reasonable steps to discharge the duty to protect under Tarasoff the Case. 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