Tarasoff Case
In 1969, a student at UC Berkeley, Proseniit Poddar, sought out a university psychiatrist by the name of Dr. Moore. Poddar had began stalking a girl named Tatiana Tarasoff, shortly after she wanted to just be friends with him, somewhat rejecting him romantically. After several sessions, Poddar threatened to kill Tarasoff.. After hearing this, Dr. Moore discussed the case with the police stating that Poddar was unstable and potentially very dangerous, and wanted him committed to a facility. The police took him into custody, but shortly released him stating that he appeared completely secure and stated he would not go near Tarasoff. At this point, Moore was told to take no further action. On October 27th, Tarasoff returned from her trip and Poddar stabbed her death. He then called the police and turned himself in. This tragedy caused her parents to sue the university on the basis that Dr. Moore should have warned them. The result from the case created what is known as the duty to warn the third party. Later on, this was changed and no longer was there a duty to warn but now a duty to protect the third party. Confidentiality is a legal protection and assurance of ones right to privacy to a high extent. This concept is concerned with a matter of keeping secrets due to the fact that harm will follow if the knowledge is revealed. On the other hand, there are exceptions to confidentiality that are required by law which are: exceptions commanded by statutory law, exceptions arising from legal precedent, exceptions arising from a peculiar patient-provider relationship, and exceptions due to a proportionate reason. In addition, psychotherapy, counseling, and similar services that are related to diagnosis, evaluation, and treatment are confidential and protected by state law. Regardless of the fact that state laws vary and are not always made completely clear, most courts will hold the psychiatrist responsible if they do not take the steps to protect both third