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[Dangers and therapist obligations: Canadian perspective]
1Université de Montréal, Québec.
Canadian Journal of Psychiatry. Revue Canadienne De Psychiatrie
|October 1, 1995
Summary
Canadian therapists lack a clear duty to warn about patient violence, unlike in the US. Establishing flexible, regularly reviewed professional standards is recommended to guide clinicians in protecting the public.
Area of Science:
- Forensic Psychology
- Clinical Practice Guidelines
Context:
- Canadian legal and ethical landscape for mental health professionals.
- Absence of a direct Canadian equivalent to the US Tarasoff duty to protect.
- Need for specific guidance on managing patient risk.
Purpose:
- To define the legal and ethical obligations of Canadian therapists concerning patient-related violence.
- To analyze existing Canadian jurisprudence and clinical recommendations.
- To propose a framework for therapist conduct in risk assessment and public safety.
Summary:
- Reviews Canadian jurisprudence and clinical recommendations on therapists' duty to protect third parties from patient violence.
- Highlights the lack of established legal precedent in Canada comparable to the US Tarasoff ruling.
- Suggests developing adaptable professional standards for managing patient risk.
Impact:
- Informs the development of professional standards for mental health practitioners in Canada.
- Aims to enhance public safety by clarifying therapeutic obligations.
- Provides a foundation for future legal and ethical discussions on therapist liability.