Elisa Reiter and Daniel Pollack Duty To Protect Versus Duty To Maintain Confidentiality: When Does One Trump the Other?
Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
December 28, 2023 at 09:39 AM
8 minute read
Health Care Law
Confidentiality facilitates honest communication by assuring patients that the innermost details of their lives, shared with their health care providers, will remain private. Yet, nearly 50 years ago, the Tarasoff case imposed a duty to warn on California mental health professionals, requiring them to take reasonable steps to protect potential victims of their clients. Numerous states followed suit.
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