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Anatomy of a second generation Tarasoff case.
1C.F. Menninger Memorial Hospital, Menninger Clinic, Topeka, Kansas.
Canadian Journal of Psychiatry. Revue Canadienne De Psychiatrie
|February 1, 1991
Summary
The Tarasoff duty requires professionals to protect potential victims from psychiatric patients. A landmark case extended this duty to strict liability, impacting community safety and legal processes.
Area of Science:
- Forensic Psychology
- Legal Medicine
- Public Health Law
Background:
- The Tarasoff duty mandates mental health professionals protect identifiable third parties from patient violence.
- Legal interpretations have expanded this duty beyond specific individuals to encompass community safety.
- The Lipari v. Sears, Roebuck and U.S. case introduced strict liability for patient violence.
Purpose of the Study:
- To examine the evolution and implications of the Tarasoff duty.
- To analyze the legal ramifications of strict liability in psychiatric malpractice.
- To explore the complexities of legal accountability for patient violence.
Main Methods:
- Case law analysis of Tarasoff and subsequent decisions.
- Examination of the Lipari v. Sears, Roebuck and U.S. ruling.
- Review of medicolegal doctrines concerning professional duty of care.
Main Results:
- Post-Tarasoff rulings have broadened professional liability for patient violence.
- The Lipari case established strict liability, holding professionals accountable for random acts of patient violence.
- This expansion creates significant complexity in legal and ethical frameworks.
Conclusions:
- The Tarasoff duty's application has expanded significantly, leading to strict liability in some cases.
- The Lipari ruling highlights the challenges in applying legal doctrines to complex psychiatric and public safety issues.
- Understanding these legal developments is crucial for mental health professionals and legal practitioners.