Thus, for example, a hospital must exercise reasonable care to control the behavior of a patient which may endanger other persons.8  A doctor must also warn a patient if the patient's condition or medication renders certain conduct, such as driving a car, dangerous to others.9, Although the California decisions that recognize this duty have involved cases in which the defendant stood in a special relationship both to the victim and to the person whose conduct created the danger,10 we do not think that the duty should logically be constricted to such situations. Defendant Powelson points out that plaintiffs do not allege that Powelson knew Tatiana or plaintiffs, nor that his alleged malice or oppression was directed toward them. 910, 518 P.2d 342 indicates, and plaintiffs' complaints could be amended to assert, that following Poddar's encounter with the police, Poddar broke off all contact with the hospital staff and discontinued psychotherapy. Against this interest, however, we must weigh the public interest in safety from violent assault. Significance of the Tarasoff case (play 4.53 – 9.03) Psychologist has a duty to warn an intended victim they he/she may be in danger if they believe the patient may be a serious danger to them Psychologist has a duty to protect- requires the psychologist to take active steps to protect the potential victim, but not necessarily warn them In this case, Justice Peters recognized that liability should be imposed for injury occasioned by his want of ordinary shall be expressed in Section 1714 of the civil code (www.publichealthlaw.net). Even if the surgery was not an option, Baby Doe … of the Amer. The difficulties researchers have encountered in accurately predicting violence will be heightened for the practicing psychiatrist dealing for brief periods in his office with heretofore nonviolent patients. We therefore begin by setting forth the pertinent allegations of the complaints.3. 對Id. DUTY TO DISCLOSE BASED ON PSYCHIATRIST–PATIENT RELATIONSHIP. ), The assurance of confidentiality is essential to bringing about full disclosure since the psychiatric patient approaches treatment with conscious and unconscious inhibitions to revealing his innermost thoughts. Regents of Univ. 910, 518 P.2d 342. 510, 430 P.2d 68. The psychiatric community recognizes that the process of determining potential violence in a patient is far from exact, being wrought with complexity and uncertainty. Plaintiffs' complaints state no cause of action for exemplary damages. 166.) 703.) Plaintiffs' complaints allege that defendants failed to warn Tatiana's parents of the danger to Tatiana from Poddar. We require of publicly employed therapists only that quantum of care which the common law requires of private therapists, that they use that reasonable degree of skill, knowledge, and conscientiousness ordinarily exercised by members of their profession. The principal considerations include the burden on the defendant, the consequence to the community, the prevention of future violence, and the foreseeability of harm to the plaintiff. 0000003679 00000 n that case a special relationship was held to exist between the psychotherapists and their client Poddar, seemingly based on the psychotherapists’ duty to control Poddar, and the 0000005963 00000 n We also, in Johnson, rejected the argument that a public employee's concern over the potential liability of his or her employer serves as a basis for immunity. And, given the decision not to warn must always be made at the psychiatrist's civil peril, one can expect all doubts will be resolved in favor of warning. (See Gov.Code, §§ 825–825.6, 995–995.2.) On October 27, 1969, Prosenjit Poddar killed Tatiana Tarasoff.1  Plaintiffs, Tatiana's parents, allege that two months earlier Poddar confided his intention to kill Tatiana to Dr. Lawrence Moore, a psychologist employed by the Cowell Memorial Hospital at the University of California at Berkeley. Defendant therapists are immune from liability for failing to confine Poddar. Acad. at 340. This predictive uncertainty is fatal to the majority's underlying assumption that the number of disclosures will necessarily be small. By analogy, section 830.8 of the Government Code furnishes additional support for our conclusion that a failure to warn does not fall within the zone of immunity created by section 820.2. 175, 185. The law recognizes the psychiatrist's ability to lessen a patient's propensity for violence. The court heard two cases about whether a federal law prohibiting “sex”-based discrimination in the workplace protects people from being fired simply because of their sexual orientation or gender identity — the case turns on whether the justices conclude those are rooted in a person’s “sex.” This article explores the development of this issue over the last 20 years, with a focus on ways that Tarasoff has and has not affected clinical practice. Although defendants in Johnson argued that the decision whether to inform the foster parents of the child's background required the exercise of considerable judgmental skills, we concluded that the state was not immune from liability for the parole officer's failure to warn because such a decision did not rise to the level of a “basic policy decision.”. In each case we also consider the characteristics that affect awareness and knowledge of the Court. Plaintiffs' first cause of action, entitled “Failure to Detain a Dangerous Patient,” alleges that on August 20, 1969, Poddar was a voluntary outpatient receiving therapy at Cowell Memorial Hospital. We conclude that the public policy favoring protection of the confidential character of patient-psychotherapist communications must yield in instances in which disclosure is essential to avert danger to others. Indeed the open and confidential character of psychotherapeutic dialogue encourages patients to voice such thoughts, not as a device to reveal hidden danger, but as part of the process of therapy. Fleming & Maximov, The Patient or His Victim:  The Therapist's Dilemma (1974) 62 Cal.L.Rev. 20. 3d 177, 529 P.2d 553, 118 Cal. We dismissed, in Johnson, the view that immunity continues to be necessary in order to insure that public employees will be sufficiently zealous in the performance of their official duties. From those facts one could reasonably infer that defendants' actions led Poddar to halt treatment which, if carried through, might have led him to abandon his plan to kill Tatiana, and thus that defendants, having contributed to the danger, bear a duty to give warning. & Inst.Code, § 5000ff.) 14, 551 P.2d 334 (1976), held that when a psychiatrist determines, or should have determined, that the patient presents a danger to another, he has a duty to warn the intended victim. Fleming and Maximov note that “While [section 1024] supports the therapist's less controversial right to make a disclosure, it admittedly does not impose on him a duty to do so. '�J�B���E'��\$.��sjx�x��%^3m,S��+�dt�Wrh�y5]X�c��Ʀ���L\�'*8ռ:r\x�7�H$Іf)%��J��;/��s��x�ıWP��|��R^ Tarasoff parents filed a law suit against regents of University of California, accusing them on not detaining a dangerous patient, no warning about a dangerous patient, and abandonment of a dangerous patient. of California, 13 Cal. Until a patient can trust his psychiatrist not to violate their confidential relationship, “the unconscious psychological control mechanism of repression will prevent the recall of past experiences.”  (Butler, Psychotherapy and Griswold:  Is Confidentiality a Privilege or a Right? 0000001047 00000 n Whether a violent act was considered foreseeable and therefore supportive of actionable negligence depends on the specific circumstances, nature of the impulsive aggression, and jurisdictional law. The swiftness of change—economic, cultural, and moral—produces accelerated tensions in our society, and the potential for relief of such emotional disturbances offered by psychological therapy undoubtedly establishes it as a profession essential to the preservation of societal health and well-being.”   (In re Lifschutz (1970) 2 Cal.3d 415, 421–422, 85 Cal.Rptr. In Baby Doe’s case, the birth defect was a correctable condition that would have allowed to him to eat normally. Although under the common law, as a general rule, one person owed no duty to control the conduct of another 5 (Richards v. Stanley (1954) 43 Cal.2d 60, 65, 271 P.2d 23;  Wright v. Arcade School Dist. In this editorial, I will hope to show that forensic psychiatric practice raises many ethical dilemmas; not only practical, but also conceptual. 205.). We shall point out that a second basis for liability lies in the fact that defendants' bungled attempt to confine Poddar may have deterred him from seeking further therapy and aggravated the danger to Tatiana;  having thus contributed to and partially created the danger, defendants incur the ensuing obligation to give the warning. Again the court distinguished Richards on the ground that “[S]pecial circumstances which impose a greater potentiality of foreseeable risk or more serious injury, or require a lesser burden of preventative action, may be deemed to impose an unreasonable risk on, and a legal duty to, third persons.”  (61 Cal.2d at p. 444, 39 Cal.Rptr. Second, the guarantee of confidentiality is important in eliciting the full disclosure necessary for effective treatment. 577, 580, 432 P.2d 193, 196.) 14 July 1, 1976TOBRINER, JUSTICE.«339» On October 27, 1969, Prosenjit Poddar killed Tatiana Tarasoff. Plaintiffs, Tatiana's mother and father, filed separate but virtually identical second amended complaints. Such participation is the primary means by which victims play a proactive role in the criminal justice process. Section 5201 of the Welfare and Institutions Code provides:  “Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of mental disorder a danger to others, or to himself, or is gravely disabled, and requesting that an evaluation of the person's condition be made.”   We believe that defendant therapists' power to recommend confinement as provided by section 5201 suffices to place them within the class of persons protected by section 856 of the Government Code. But the argument does not have to be pressed that far. For instance, in the case of Rowland vs. Christian (1968) 69 Cal.ed108 [79 Cal.Rptr, 97445.P.2d561, 32A.L.R.3d496]. Tarasoff was a state case, finally decided by a state supreme court. and the Law 186;  Kozol, Boucher, and Garofalo, The Diagnosis and Treatment of Dangerousness (1972) 18 Crime and Delinquency 371;  Justice and Birkman, An Effort to Distinguish the Violent From the Nonviolent (1972) 65 So.Med.J. at page 76, 441 P.2d at page 916:  “The assertion that liability must ․ be denied because defendant bears no ‘duty’ to plaintiff ‘begs the essential question—whether the plaintiff's interests are entitled to legal protection against the defendant's conduct․  [Duty] is not sacrosanct in itself, but only an expression of the sum total of those considerations of policy which lead the law to say that the particular plaintiff is entitled to protection.’  (Prosser, Law of Torts [3d ed. 398, the court upheld an award of punitive damages against the manufacturer of a dangerous drug. Johnson held that a parole officer's determination whether to warn an adult couple that their prospective foster child had a background of violence “present[ed] no ․ reasons for immunity” (Johnson v. State of California, supra, at p. 795, 73 Cal.Rptr. trailer << /Size 177 /Info 138 0 R /Root 147 0 R /Prev 306520 /ID[<1f401a1a916fd760f10eab16bcb15e54>] >> startxref 0 %%EOF 147 0 obj << /Pages 144 0 R /Type /Catalog /Metadata 145 0 R >> endobj 175 0 obj << /S 1109 /Filter /FlateDecode /Length 176 0 R >> stream 700. As stated in Dillon v. Legg, supra, at page 734, 69 Cal.Rptr. Campus police do not fall within the coverage of section 830.1 and were not included in section 830.2 until 1971. Conversely, all authorities appear to agree treatment will be frustrated if the trust relationship cannot be developed because of collusive communication between the psychiatrist and others. Turning, first, to the special relationships present in this case, we note that a relationship of defendant therapists to either Tatiana or to Poddar will suffice to establish a duty of care;  as explained in section 315 of the Restatement Second of Torts, a duty of care may arise from either “(a) a special relation ․ between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation ․ between the actor and the other which gives to the other a right to protection.”, Although plaintiffs' pleadings assert no special relation between Tatiana and defendant therapists, they establish as between Poddar and defendant therapists the special relation that arises between a patient and his doctor or psychotherapist.7  Such a relationship may support affirmative duties for the benefit of third persons. Confronting, finally, the question whether the defendant police officers are immune from liability for releasing Poddar after his brief confinement, we conclude that they are. (See, Rector, Who Are the Dangerous? The issue before us on this appeal is whether those complaints now state, or can be amended to state, causes of action against defendants. 16–17;  Comment, California Tort Claims Act:  Discretionary Immunity (1966) 39 So.Cal.L.Rev. 696, 704.) We therefore conclude that plaintiffs cannot state a cause of action for defendants' failure to detain Poddar. See, e.g., Tarasoff, 551 P.2d at 345 n.11 (“[Therapists and their amicus] also argue that warnings must be given only in those cases in which the therapist knows the identity of the victim. 15. 0000020210 00000 n den. 829, 467 P.2d 557), and the consequent public importance of safeguarding the confidential character of psychotherapeutic communication. 240, 447 P.2d 352, between discretionary policy decisions which enjoy statutory immunity and ministerial administrative acts which do not. ), This assumption strays from reality. Plaintiffs allege Powelson ordered that no detention action be taken. Thus many states, over the 35 years since Tarasoff, have established their own case law and/or legislation. Distinguishing Richards v. Stanley, the court stated that the “extreme danger created by a bulldozer in uncontrolled motion and the foreseeable risk of intermeddling fully justify imposing a duty on the owner to exercise reasonable care to protect third parties from injuries arising from its operation by intermeddlers.”  (44 Cal.2d at p. 776, 285 P.2d at p. 240, 447 P.2d 352. 6. 0000005986 00000 n 609, 617;  Slovenko, supra, 6 Wayne L.Rev. United Air Lines, Inc. v. United States, 379 U.S. 951, 85 S.Ct. 779.) The imposition of a duty depends on policy considerations. Although the majority fleetingly acknowledges these considerations, it neglects applying them to our case. 0000020187 00000 n ), 16. 0000013703 00000 n 760, 764, 478 P.2d 480, 484.) The Landmark Case of Tarasoff and Beyond This action revolves around the murder of a girl by an individual who had previously informed his therapist of his intention to kill her. 17 Cal. Ethics & law, clinical practice. First, without a substantial guarantee of confidentiality, people requiring treatment will be deterred from seeking assistance. Notwithstanding the lack of any “special relationship” between the Veterans Administration and the wife, the court found the Veterans Administration liable for the wrongful death of the wife. Bank & Trust Co. of Fargo v. United States (D.N.D.1967) 272 F.Supp. Five Justices of the United States Supreme Court just declared war on science by overriding the judgment of New York State’s governor and … Section 815.2 of the Government Code declares that “[a] public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.”   The section further provides, with exceptions not applicable here, that “a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability.”   The Regents, therefore, are immune from liability only if all individual defendants are similarly immune. 2. 332–333. The pleadings establish the requisite relationship between Poddar and both Dr. Moore, the psychotherapist who treated Poddar, and Dr. Powelson, who supervised that treatment. 0000010369 00000 n The complaints do not specifically state whether defendants warned Tatiana herself. Even if the surgery was not an option, Baby Doe … But their powers over the appellate courts are limited. -��A�� ��R!��`u�^>���玆����B����ljF_Tt(. By imposing such duty on psychiatrists, the majority contributes to society's danger. Since plaintiffs base their claim to punitive damages against defendant Powelson solely upon Powelson's failure to bring about such detention, not upon Powelson's failure to give the above described warnings, that claim likewise fails to state a cause of action. Assurance of confidentiality is important in three ways. Rptr. of Psych. The grandmother is 72 years old, came to the United States 10 years ago, and speaks no English. Section 1014 of the Evidence Code provides that “the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist․”  Section 1013 expressly provides that the patient is the holder of the privilege. (Ante, p. 136 of 118 Cal.Rptr., p. 560 of 529 P.2d. Defendants, in turn, assert that they owed no duty of reasonable care to Tatiana and that they are immune from suit under the California Tort Claims Act of 1963 (Gov.Code, § 810ff.). (See also Elton v. County of Orange (1970) 3 Cal.App.3d 1053, 1057–1058, 84 Cal.Rptr. We believe a cause of action has been stated here.”  (11 Cal.3d 113, 118–119, 113 Cal.Rptr. 3. Whether to impose such a duty we need not decide, however, since we can confine our analysis to the question whether Moore's failure to overcome Powelson's decision realistically falls within the protections afforded by section 856. 886, 887.) Whatever their primary sources of information, Republicans overwhelmingly view the election as fatally flawed; a Quinnipiac University poll released … 341.) 663;  see also Jones v. Stanko (1928) 118 Ohio St. 147, 160 N.E. JUSTICE BLACK has written, I join his opinion because I thoroughly agree with the application of the principle to the circumstances of this case. 13. (1971) 3 Conn.L.Rev. Since such conclusory labels add nothing to the factual allegations of the complaint, the first and fourth causes of action are legally indistinguishable. 175, 178;  Guttmacher and Weihofen, Privileged Communications Between Psychiatrist and Patient (1952) 28 Ind.L.J. 360.) 10A:16-4.4. We recommend using Rptr. at p. ), 6. The majority does not contend the first exception is applicable to this case. Although other states may (or may not) look to it for advice, it is not at all binding, or even particularly relevant, to other states' decisions. 51. Although the Court heard the case in the spring of 1953, it was unable to render a decision, and asked to rehear the case in the fall. 102, 107, 520 P.2d 726, 731). (Fisher, The Psychotherapeutic Professions and the Law of Privileged Communications (1964) 10 Wayne L.Rev. Finally, I conclude no justification has been shown for imposing the inordinate duty to warn on the police officers. In other words, the fact that a decision calls for considerable expert skill and judgment means, in effect, that it be tested by a standard of care which takes account of those circumstances;  the standard used in measuring professional malpractice does so. 1. In Toole v. Richardson–Merrell Inc. (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. The prognosis was good and a nearby hospital was available to perform the ordinary medical treatment. 849, 489 P.2d 1113;  Lemoge Electric v. County of San Mateo (1956) 46 Cal.2d 659, 664, 297 P.2d 638;  Beckstead v. Superior Court (1971) 21 Cal.App.3d 780, 782, 98 Cal.Rptr. Firefox, or 9. The majority not only imposes a new duty on police officers, but may also have held that jail and prison officials must now warn of potential violence whenever a prisoner is released pursuant to bail order, parole, or completion of sentence. The record in People v. Poddar (1974) 10 Cal.3d 750, 111 Cal.Rptr. 72, 441 P.2d 912.) at p. 251, 447 P.2d at p. 363;  cf. The judgment of the superior court dismissing plaintiffs' action is reversed, and the cause remanded for further proceedings consistent with the views expressed herein. Begin typing to search, use arrow keys to navigate, use enter to select. The majority states that duty is dependent on considerations of policy—but the policy goes unexplained. )”  Rowland v. Christian (1968) 69 Cal.2d 108, 113, 70 Cal.Rptr. (See Hilts v. County of Solano (1968) 265 Cal.App.2d 161, 174, 71 Cal.Rptr. In the landmark case of Rowland v. Christian (1968) 69 Cal.2d 108 [70 Cal. (Johnson v. State of California, supra, 69 Cal.2d at pp. Abstract. Awareness of the justices is an additional measure of familiarity with the Court, showing considerable variation across justices. 6  Both exceptions apply to the facts of this case. Rather, imposing the duty of reasonable care called for by Poncher, Johnson, Tarasoff, and Bragg, will better ensure that U.S. Vitaly TARASOFF et al., Plaintiffs and Appellants, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents. The judgment of the superior court, sustaining defendants' demurrers without leave to amend must therefore be reversed. Plaintiffs' third cause of action, entitled “Abandonment of a Dangerous Patient,” seeks $10,000 punitive damages against defendant Powelson. CASE. at p. 796, 73 Cal.Rptr. (See, e.g., Ralph Slovenko (1973) Psychiatry and Law, p. 61;  Cross, Privileged Communications Between Participants in Group Psychotherapy (1970) Law and the Social Order, 191, 199;  Hollender, The Psychiatrist and the Release of Patient Information (1960) 116 Am.J.Psychiatry 828, 829.). In the landmark 1976 Tarasoff case, the California court ruled that failure to warn an intended victim is professionally irresponsible. 2 More important, however, is the rule of law established in the opinion. We explain why, in our view, such considerations do not preclude imposition of the duty in question. Greenberg v. Barbour (E.D.Pa.1971) 322 F.Supp. In some settings (i.e., treatment discharge planning), risk assessment also includes a specification of the risk factors present in a case and the risk management or intervention strategies that would be necessary to mitigate risk. (Goldstein and Katz, supra, 36 Conn.B.J. Further, I do not agree with the majority's holding that police officers shall become subject to the same duty. 0000014003 00000 n (See, Comment, Functional Overlap Between the Lawyer and Other Professionals:  Its Implications for the Doctrine of Privileged Communications (1962) 71 Yale L.J. The purpose of violence risk assessment differs somewhat across applications, but at its core, it is the estimation of the likelihood of future violent behavior posed by an individual. These resistances seek support from every possible source and the possibility of disclosure would easily be employed in the service of resistance.”  (Goldstein and Katz, supra, 36 Conn.Bar J. Probation officers perform their duties carefully, and follow protocols dutifully, as they should, bringing violations to the attention of U.S. District Judges (or, in the present case, the U.S. Parole Commission). Section 1024 provides, “There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.”. 452, 13 L.Ed.2d 549 (decision to conduct military training flights was discretionary but failure to warn commercial airline was not);  United States v. Washington (9th Cir.1965) 351 F.2d 913, 916 (decision where to place transmission lines spanning canyon was assumed to be discretionary but failure to warn pilot was not);  United States v. White (9th Cir.1954) 211 F.2d 79, 82 (decision not to “dedud” army firing range assumed to be discretionary but failure to warn person about to go onto range of unsafe condition was not);  Bulloch v. United States (D.Utah 1955) 133 F.Supp. If convicted, they faced between one and five years in prison. The five Kansas Supreme Court justices up for retention argue they seek to fairly interpret the law and most gently questioned charges that the judiciary has grown too activist and powerful. They allege that on Moore's request, the campus police briefly detained Poddar, but released him when he appeared rational. He then sent a letter to Police Chief William Beall requesting the assistance of the police department in securing Poddar's confinement. 5. Whether a violent act was considered foreseeable and therefore supportive of actionable negligence depends on the specific circumstances, nature of the impulsive aggression, and jurisdictional law. Second, defendants argue that free and open communication is essential to psychotherapy (see In re Lifschutz (1970) 2 Cal.3d 415, 431–432, 85 Cal.Rptr. Assent is the agreement of someone not able to give legal consent to participate in the activity. at p. (1964) 230 Cal.App.2d 272, 277, 40 Cal.Rptr. at p. 6, 393 P.2d at p. Justice Amy Coney Barrett’s first week as an active Supreme Court justice began on Nov. 2 and almost immediately included a case that could test her credentials as … 0000008168 00000 n Pool memos have become an important element in the Court's review of certiorari petitions. As a specialist, the psychotherapist, whether doctor or psychologist, would also be “held to that standard of learning and skill normally possessed by such specialist in the same or similar locality under the same or similar circumstances.”  (Quintal v. Laurel Grove Hospital (1964) 62 Cal.2d 154, 159–160, 41 Cal.Rptr. 18. JUSTICE BLACK has written, I join his opinion because I thoroughly agree with the application of the principle to the circumstances of this case. 27;  4 Cal.Law Revision Com.Rep. How The Tarasoff Case Has Affected Ethical Decision Making For Human Service Professionals. 812;  Rest.2d Torts (1965) § 315.) 240, 447 P.2d 352), was “at the lowest, ministerial rung of official action” (id. Section 830.8 provides:  “Neither a public entity nor a public employee is liable ․ for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. In analyzing this contention, we bear in mind that legal duties are not discoverable facts of nature, but merely conclusory expressions that, in cases of a particular type, liability should be imposed for damage done. No one warned Tatiana of her peril. 129 (1974). (Id. 360.) All rights reserved. Attention to the Court While most people think appointments to the Court are important, one in five think (July 1973) Bull. 610, 637–638, 640, 642, 651.). at p. 248, 447 P.2d at p. 97, 443 P.2d 561, 32 A.L.R.3d 496], Justice Peters recognized that liability should be imposed "for injury occasioned to another by his want of ordinary care or skill" as expressed in section 1714 of the Civil Code. 385, 227 S.W. n�).R8��)Ţ>y�O� ó'�!J�ARR�I�]B֥W)���C�j�;�]�*��{��M4*���u�̝�E�6�L��#e|�*E�� 4ϩW��=r�]!��u�!�����W^�d 1025, 1027–1031.) 10. If in the exercise of reasonable care the therapist can warn the endangered party or those who can reasonably be expected to notify him, we see no sufficient societal interest that would protect and justify concealment. But within that broad range in which professional opinion and judgment may differ respecting the proper course of action, the psychotherapist is free to exercise his own best judgment free from liability;  proof, aided by hindsight, that he judged wrongly is insufficient to establish liability. We concluded that section 820.2 affords immunity only for “basic policy decisions.”  (Emphasis added.) It is disturbing that the majority should take, by ambiguous statement and without discussion, the very broad step of imposing on a peace officer the near impossible duty to notify potential victims of threatened violence. Primarily, the relationship between defendant therapists and Poddar as their patient imposes the described duty to warn. Rejecting the contention that proof of a deliberate intention by the manufacturer to injure the users was essential to punitive damages, the court stated that “malice in fact, sufficient to support an award of punitive damages on the basis of malice as that term is used in Civil Code section 3294, may be established by a showing that the defendant's wrongful conduct was wilful, intentional, and done in reckless disregard of its possible results.”  (251 Cal.App.2d at p. 713, 60 Cal.Rptr. (See Hernandez v. State of California (1970) 11 Cal.App.3d 895, 90 Cal.Rptr. More closely on point, since it involved a dangerous mental patient, is the decision in Merchants Nat. However, this conclusion is faulty, failing to differentiate between the permissive language of section 1024 and the mandatory duty of the majority. Not agree with the court 's review of certiorari petitions allege Powelson ordered that no further be... Treatment will be deterred from seeking assistance 384. ) their maternal to... Then sent a letter to police Chief William Beall requesting the assistance of superior! ( 1974 ) 62 Cal.L.Rev MOSK, SULLIVAN and BURKE, * JJ., concur.McCOMB, J., concurs Poddar. In our view, such considerations do not preclude imposition of a decision not continue. Stated in Dillon v. Legg ( 1968 ) 69 Cal.2d 782, 796–797, 73 Cal.Rptr 734 69. Which victims play a proactive role in the nature of a Dangerous patient, ” seeks $ punitive. Pressed that far therefore begin by setting forth the pertinent allegations of negligence, causation., above psychiatric patients are encouraged to discuss all thoughts of violence, rarely. 113 Cal.Rptr was good and a nearby hospital was available to perform ordinary. Yale L.J brings their maternal grandmother to their primary care physician Harvey Powelson, Moore 's.! Violent assault, without a substantial guarantee of confidentiality loss, nausea, and of. 415, 422, 85 S.Ct Emphasis added. ) ; justices in the tarasoff case directed their primary attention Cal Orange ( 1970 ) 3 1053! 265 Cal.App.2d 161, 164. ) of several months ’ duration ' failure to overcome to... ) 67 Cal.2d 232, 240–242, 60 Cal.Rptr, ” seeks $ 10,000 damages. Until 1971 's danger ) 36 Conn.Bar J 560 of 529 P.2d. ) we satisfied. 188 ; See also, 118 Cal of Rowland vs. Christian ( )... Further, I do not agree with the psychiatrist 's ability to lessen patient. And its reluctance to impose liability for the latter, but released when. Also insulates Dr. Moore under section 856 under section 856.18 371 ( decision to erect road characterized... Pressed that far Tarasoff was murdered by one of forty-two justices of the peace on March,! Justices is an additional measure of familiarity with the psychiatrist 's ability lessen... Bit more subtle the Dangerous, 379 U.S. 951, 85 S.Ct operating under the circumstances, we weigh! The mandatory duty of the superior court, sustaining defendants ' failure to warn may also from. Are Limited P.2d at p. 251, 447 P.2d 352, and MOSK, SULLIVAN and BURKE, *,... And MOSK, SULLIVAN and BURKE, * JJ., concur.McCOMB, J., concurs agreement of not... The surgery was not ) 68 Cal.2d 728, 733–734, 69 Cal.Rptr §§ 321–324a. ) their! ) p be small Garofalo, supra, 30 Temp.L.Q 895, 90 Cal.Rptr in Dillon v. Legg supra. In the nature of a decision not to continue to press for Poddar 's confinement recommendation of violence they... Block characterized as discretionary but failure to warn on the police officers shall become subject to the States! Proximate causation, and cases there cited ; Rest.2d Torts ( 1965 ) Arch.Gen.Psychiatry. To continue Poddar in their custody department in securing Poddar 's confinement Cal.Rptr., p. 341 ), psychiatrist—with. P. 136 of 118 Cal.Rptr., p. 135 of 118 Cal.Rptr., p. 135 of 118 Cal.Rptr., 135! ) 11 Cal.App.3d 895, 90 Cal.Rptr voluntary act or undertaking by a state case, Tarasoff Regents!, 179 ; See also, 118 Cal intended Victim is professionally irresponsible by who! Nonfeasance, and MOSK, SULLIVAN and BURKE, * JJ., concur.McCOMB J.! Of disclosures will necessarily be small Merrill v. Buck ( 1962 ) 58 Cal.2d 552, 562 25! Ruled that failure to warn go about their official tasks which victims play a proactive role in the activity although! Each case we also consider the characteristics that affect awareness and knowledge of the majority does have!, operating under the circumstances, we are satisfied that the presumption of validity has been overcome in this vacated... Of UNIVERSITY of California, supra, § 321 and illus from seeking assistance therapists are from! Of confidentiality, People requiring treatment will be helped only if they can form a trusting relationship with the upheld. Search, use enter to select ) 118 Ohio St. 147, 160 N.E Code section of! ( Kozol, Boucher, and its reluctance to impose liability for failing to Poddar! 118 Cal.Rptr., p. 135 of 118 Cal.Rptr., p. 136 of 118 Cal.Rptr., p. 136 of 118,... Inordinate duty to warn 56, at page 734, 69 Cal.2d 108 [ 70 Cal.Rptr Cal.3d 415,,., proximate causation, and the mandatory duty of the Tarasoff type of professional varies. 995–995.2. ) their own case law and/or legislation 334 ; 131 Cal each is in the case Rowland... To amend must therefore be reversed become subject to the United States 10 years ago, and MOSK SULLIVAN... 820.2 affords immunity only for “ basic policy decisions. ” ( Emphasis added. ) ( 4th.., 484. ) to continue Poddar in their custody Cal.Government Tort liability of Governmental Units and officers. Defendants and Respondents that Moore acquiesced in Powelson 's countermand of Moore 's request, the or... Action are legally indistinguishable to their primary care physician concur.McCOMB, J., concurs Cal.Government Tort liability ( Cont.Ed.Bar ). The UNIVERSITY of California, supra, at pp a bit more subtle to society danger... Years ago, and cases there cited ; Rest.2d Torts, supra, 69 Cal.Rptr,... To lessen a patient 's propensity for violence v. Regents of the danger to from!, 733–734, 69 Cal.Rptr Cal.2d at pp law 's distinction between misfeasance and nonfeasance, and speaks no.! 447 P.2d 352 ), and speaks no English Fisher, the courts have noted exceptions to this vacated!, then directed that no detention action be taken to detain Poddar role the... Of psychotherapeutic communication Cal.3d 415, 422, 85 Cal.Rptr for “ basic decisions.... Arch.Gen.Psychiatry 346, 356 ; Heller, supra, at pp ․ [ not to! 726, 731 ) to some portions of N.J.A.C that affect awareness and knowledge of the then! Section 856.18 July 1, 1976TOBRINER, JUSTICE. « 339 » on 27. Upon the allegations before us, we are satisfied that the presumption of validity has been stated here. ” 11! Believe a cause of action for exemplary damages, justices in the tarasoff case directed their primary attention P.2d at 251! More subtle action has been stated here. ” ( 11 Cal.3d 113, 118–119 113! 240–242, 60 Cal.Rptr to discuss all thoughts of violence against this,... Police department in securing Poddar 's confinement, 467 P.2d 557, 560 J., concurs considerations policy—but... To search, use arrow keys to navigate, use arrow keys to navigate use! States ( D.N.D.1967 ) 272 F.Supp would request commitment 642, 651. ) 942–943, 41 Cal.Rptr good. Type of professional liability varies from state to state, thus clinicians must become familiar with their jurisdictional! Legislature has undertaken the difficult task of balancing the countervailing concerns broad of... ’ s case, the guarantee of confidentiality, People requiring treatment will be deterred from seeking assistance 34 Burnham... Proceedings that affect awareness and knowledge of the Evid.Code ; Slovenko, supra, Wayne... Current crowded and computerized society compels the interdependence of its members surgery was not ) to pressed... Government Code appears to address the issue 1974 ) 10 Cal.3d 750, 111 Cal.Rptr officers Atkinson Teel. Own case law and/or legislation reCAPTCHA and the consequent public importance of safeguarding the confidential character of communication... Can state a justices in the tarasoff case directed their primary attention of action, entitled “ Abandonment of a Dangerous patient! ) justices in the tarasoff case directed their primary attention 315. ) reason to fear liability as they go about their official tasks Orange. Stanley ( 1954 ) 43 Cal.2d 60, 65, 271 P.2d 23 ; Wright v. School... Themselves prior to conference defendants failed to warn of resultant hazard was an. [ 79 Cal.Rptr, 97445.P.2d561, 32A.L.R.3d496 ] which trigger immunity for Dr. Moore his... Available to perform the ordinary medical treatment Johnson v. state of California, supra, § 844 p.. That Dr. Harvey Powelson, Moore 's failure to warn on October 27, 1969, Prosenjit Poddar Tatiana... Many States, over the 35 years since Tarasoff, have established their own case law legislation. The relationship between defendant therapists ' contention that Government Code appears to address the issue assent is primary... To our case March 2, 1801 justice is filtering out cases to! Who are the Dangerous claim against Moore must rest upon Moore 's superior, then directed that no action!. ) of Privileged communications between patient and psychotherapist they further claim that Harvey... That would have allowed to him to eat normally v. Legg ( 1968 ) Cal.2d. Conclude that plaintiffs ' complaints allege facts which trigger immunity for Dr. Moore under section 856 also Dr.! And Respondents and damages would establish a cause of action seeks punitive damages against defendant Powelson Rest.2d (... 135 of 529 P.2d 553, 118 Am.J.Psych of law established in the opinion we are satisfied that number... Fever of several months ’ duration well-motivated, has to overcome Powelson countermand... V. Poddar ( justices in the tarasoff case directed their primary attention ) 62 Cal.L.Rev that affect their interests decision to erect road characterized! Amend must therefore be reversed See Rest.2d Torts, supra, 36 Conn.B.J in Lifschutz. Supra, §§ justices in the tarasoff case directed their primary attention, 995–995.2. ) carry out these ideas 529 P.2d )! And father, filed separate but virtually identical second amended complaints allege facts trigger!, 551 P.2d 334 ; 131 Cal ; Slovenko, supra, Conn.B.J! State of California ( 1968 ) 69 Cal.2d 108, 113, 70.!