PHL 325M Lecture Notes - Lecture 8: Absolution, Involuntary Commitment
24 Feb 2017
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Court not deciding if reagents are in trouble but whether or not tarasoff"s fam can have their days in court. Close connection that potter may have hurt tarasoff. Not a tough case: tarasoff was killed, psychiatrist/psychologist warned people of. Duty to warn as part of ordinary care can control on conditions of: Degree of certainty third party will suffer injury. Closeness of connection between defendant"s conduct and injury suffered. Weighing burdens of imposing duty on the professional and the community. Treatment will be hampered due to less than full disclosure. Treatment will not be successful due to lack of trust. Increases the risk of wrongful civil commitment. But there"s a legal duty to warn. So no false promises, be upfront that about the level of confidentiality. Don"t tell consuela he"s hiv+ homosexual because he doesn"t want dad to know. In violation of duty of truth info? telling. Violation of carlos" autonomy if doctor tells.
