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In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [15] [page needed] [16] The court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient ...
As of 2012, a duty to warn or protect is mandated and codified in legislative statutes of 23 states, while the duty is not codified in a statute but is present in the common law supported by precedent in 10 states. [6] Eleven states have a permissive duty, and six states are described as having no statutes or case law offering guidance. [6]
In 2015, then national intelligence director James Clapper formalized duty to warn in an official directive: The U.S. intelligence community bore “a responsibility to warn U.S. and non-U.S ...
Duty to protect Duty to warn Goldstein 15 Cal. Rptr. 3d 864 ( Cal. Ct. App. 2004) is a landmark court case that extended California mental health professional 's duty to protect identifiable victims of potentially violent persons, as established by Tarasoff v.
US National Security Council spokesperson Adrienne Watson said the US government had “shared this information with Russian authorities in accordance with its longstanding ‘duty to warn ...
Jablonski by Pahls v. United States, 712 F.2d 391 (9th Cir. 1983) [1] is a landmark case in which the 9th Circuit Court of Appeals determined that a mental health professional's duty to predict dangerousness includes consulting a patient's prior records, and that their duty to protect includes the involuntary commitment of a dangerous individual; simply warning the foreseeable victim is ...
Some troops leave the battlefield injured. Others return from war with mental wounds. Yet many of the 2 million Iraq and Afghanistan veterans suffer from a condition the Defense Department refuses to acknowledge: Moral injury.