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The therapist's legal duty when the patient may be violent
1Harvard Medical School, Boston, Massachusetts.
The Psychiatric Clinics of North America
|December 1, 1988
Abstract:
This article reviews the legal basis for the psychiatrist's duty to protect third parties who are foreseeably endangered by their patients. Cases illustrating how courts decide whether the duty exists and whether it was violated are presented. Courts are impressed by, and clinicians should know about, threats to particular individuals, existence of a credible motive for violence, and a past history of violence. The importance of careful note taking and obtaining consultation about these cases is stressed.