• 2001 74pp paperback ISBN: 9781568870700
• A Practitioner's Resource Series Title
In 1969, a Berkeley graduate student told his psychiatrist
that he planned to kill the object of his unrequited love upon her return
to the country. Later, following a botched attempt at his involuntary
commitment, he did so. The victim's parents filed a civil suit for
her wrongful death, and the court assessed liability for the "failure to
warn," extending the "special relationship" that had governed inpatients
and their custodians to outpatients as well.
Beginning with a recap of this precedent-setting case,
the book (a revision of the 1989 publication) presents recent court decisions,
research findings, and clinical issues in the wake of Tarasoff.
Although focusing primarily on the treatment of homicidal patients,
also covered are key issues associated with suicidal and child-abusing parents,
AIDS patients, incompetent drivers, patient disclosures of past crimes, and
therapist liability for wrongful civil commitments.
"This revised and updated third edition continues to provide
an excellent education for all mental health professionals faced with
life-endangering clients. It not only provides the legal, ethical, and
theoretical background on this topic but, most importantly, presents sound
and practical recommendations for therapeutic intervention and risk management."
-Donald N. Bersoff, PhD, JD, Director, Law & Psychology Program,
Villanova Law School & MCP Hahnemann University
"This new revision of an invaluable classic is a welcome addition
to any clinician's library. VandeCreek and Knapp provide thoughtful and informed
guidance in an extremely complex area of practice where mistakes can have
tragic consequences."
-Ken Pope, PhD, ABPP, Author, Ethics in Psychotherapy and Counseling,
2nd Edition
"Every psychotherapist, professor and student of mental health
practice should be familiar with this contribution in order to fully understand
the moral principles which underlie ethical and legal obligations related
to dangerous clients or patients. The authors identify and analyze ethical
as well as legal and clinical obligations to inform complex decision making
in a variety of dangerous situations and contexts. Historical overviews of
landmark judicial and legislative decisions are provided. This contribution
is an absolute requirement for every professional who must deal with dangerous
patients or situations."
-Melba J.T. Vasquez, PhD, ABPP, Independent Practice, Austin TX;
President, American Psychological
Association
Table of Contents
Introduction
Ethical Issues in the Duty to Warn or Protect
The Purpose of This Book
The Duty to Warn or Protect With Dangerous Patients
The Facts of the Tarasoff Case
The Tarasoff Decision
Dissenting Opinions
Legal Background on the Duty to Warn or Protect
Living With Tarasoff
Subsequent Cases Address Unanswered Questions
Identifying Reasonably Foreseeable Victims
Determining Imminent Dangerousness
Attempts to Expand Tarasoff
Special Issues With Hospitalized Patients
Immunity Provisions
Clinical Recommendations When Patients Threaten Others
Assessment of Dangerousness
Formulating the Treatment Plan
Implementing the Treatment Plan
Patient Suicides
Inpatient Suicides
Clinical Recommendations
Assessing Risk of Self-Harm
Development of the Treatment Plan
Implementing the Treatment Plan
Duty to Warn or Protect With HIV-Positive Patients
Clinical Recommendations
Mandatory Reporting Laws
Child Abuse
Definition of Child Abuse
Conditions That Activate Mandated Reporting
Definition of Perpetrators
Clinical Recommendations
Abuse of Older Adults
Impaired Drivers
Risk Management Issues With Dangerous Patients
Avoiding Abandonment
Consulting or Referring
Coordinating Treatment With Physicians
Keeping Good Records
Responding to a Suit
Self-Care
Patients Who Threaten Psychotherapists
Emotional Self-Care
Summary
References
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About the Authors
Samuel Knapp, EdD, is a licensed psychologist who is currently
the Deputy Executive Director for the Pennsylvania Psychological
Association. His interests include ethical and legal issues related to
psychological practice. Dr. Knapp has made numerous professional
presentations and written over 90 peer-reviewed articles and book
chapters, and several books with Dr. VandeCreek including Treating Patients With Memories of Abuse and Tarasoff and Beyond.
Leon VandeCreek, PhD, ABPP, is Past Dean and Professor in the
School of Professional Psychology at Wright State University. He has been
awarded the Diplomate in Clinical Psychology and he is a Fellow of several
APA divisions. His interests include professional training and ethical/legal
issues related to professional education and practice. He has authored and
coauthored more than 180 professional presentations and publications including
22 books and book chapters for which he was coauthor or editor.
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