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Health Care & Hospital Law

Feb. 19, 2021

Therapists need clarity on duty to warn of patients’ violent threats

The varied interpretations of the leading case on the issue create three salient problems for practicing psychotherapists. First, predicting extreme violence is incredibly difficult.

Alexander C. Sones M.D.

Chief Resident of Forensic Psychiatry
UCLA Semel Institute for Neuroscience and Human Behavior

Robert Weinstock

Founding Director
UCLA Forensic Psychiatry Fellowship Program

Robert is chief of the Greater Los Angeles VA Hospital's Forensic Section, and past president of the American Academy of Psychiatry and the Law.

William Connor Darby M.D.

Director
UCLA Forensic Psychiatry Fellowship Program and Health Sciences

Connor is a clinical assistant professor in the Department of Psychiatry and Biobehavioral Sciences of the David Geffen School of Medicine at UCLA.

Alyssa Shauer

Associate
Sheppard, Mullin, Richter & Hampton LLP

Email: ashauer@sheppardmullin.com

UCLA SOL; Los Angeles CA

Significant confusion and controversy have plagued the duty of mental health professionals towards potential victims of their patients' violence since the inception of the duty in the 1974 Tarasoff v. Regents of the University of California decision by the California Supreme Court. The original 1974 Tarasoff decision established an unprecedented duty of mental health professionals not only to their patients, but ...

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