Preview

Tasoff Case Summary

Good Essays
Open Document
Open Document
450 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tasoff Case Summary
Reasonably foreseeable victims were brought to the forefront by cases such as Tarasoff v. the Regents of the University of California and subsequent duty to warn cases. Foreseeable means that a “reasonable anticipation of the possible results of an action” exists (Foreseeability. (n.d.)).
The Tarasoff decision defined the first two categories of reasonably foreseeable victims, a person directly named by the client as being the target, and a person that a psychologist deems identifiable by using a moment of reflection. However, since Tarasoff, other cases have helped to further shape the definition of a reasonably foreseeable victim. 1. Hedlund v. Superior Court of Orange County. Defined a reasonably foreseeable victim to include someone with a close, personal relationship with the victim (Mottarella, n.d.). In this case an estranged girlfriend was not warned of her ex’s intent to harm her. In the ensuing violent incident, not only was the victim injured, but her son was also injured through traumatization by witnessing the incident. The court found that a child was indeed a reasonably foreseeable victim due to the fact
…show more content…
Schlegel v New Milford Hospital. Extended the definition of a reasonably foreseeable victim to include an entire class of people, in this case, caregivers. J.J Schlegel had a history of violence including violence towards caregivers. On the visit to the hospital in question, Schlegel had attacked the ambulance staff, spit on hospital personnel and attempted to bite the attending physician. He was giving a dose of psychological medication and released to the custody of his mother with no further treatment. The hospital failed to warn the mother of her son’s violence towards caregivers, and within 24 hours Schlegel had killed his caregiver, in this case, his own mother. The courts found that there any caregiver caring for Schlegel should have been warned based on his history of violence versus the specific class of people,

You May Also Find These Documents Helpful

  • Powerful Essays

    One of the main areas pointed out by the Law Commission was the bit by bit development of the law leading to a lack of coherence. This lack of coherence can be seen in the uncertain meaning of ‘intention’. Intention is a vital element of murder in regards to proving D having the sufficient mens rea. Despite multiple attempts by the House of Lords to explain what effect foresight of consequences has; s8 CJA 1967 it is still unclear. In Moloney it was ruled foresight of consequences was not intention; it was only evidence from which intention could be inferred. However, in the case of Woolin the HoL spoke of intention being found from foresight of consequences. This left it unclear whether it is a substantive rule of law or a rule of evidence and the following case of Mathews ad Alleyne confused matters more after stating there was little difference between the two. In my view this could be resolved if a definition of foresight of consequences was provided in a statutory definition; making applying the law easier for jury’s.…

    • 1406 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Rick Sauve is 62 years old and is a co-owner of KCB Cabinets & Renovations together with his wife and his youngest son. Before taking KCB over he gained work experience in a large printing company in Ontario which eventually brought him to Alberta. Rick Sauve is managing his business since almost 12 years by now and overcame several downturns as the financial crisis in 2008. The company took the crisis as a chance and improved the renovation side of the company.…

    • 82 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Traub Lieberman Senior Trial Counsel Timothy G. McNamara To Serve As A Delegate In The NYSBA House Of Delegate…

    • 256 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It troubled him that the Judge Teel described Nancy’s condition as “unresponsive and hopeless” with “no cognitive purpose for her except sound and perhaps pain.” If Nancy feels pain then she is not in a persistent vegetative state (PVS). We did not know what was going on behind the scenes, but later it would all come to light. Our case bypassed the appellate court of Missouri and headed straight to the Missouri Supreme Court, with a little assistance. Our case was scheduled for review in September, along with a case that has opposite opinions as ours. In other words, the parents of a young man named Phillip Radar, that was diagnosed as being brain dead, did not want to let their child go, but the hospital caring for him did. Phillip’s heart was beating even though he was brain dead. Both of the cases were scheduled to be heard on the same morning in September, but on August 31st Phillip’s heart stopped and the effort to revive him was unsuccessful. His death left our case as the only one to be…

    • 772 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The movement was discovered by 3 black community organizers. Alicia garza, partrisse cullors, and opal tomato. The three started the movements in the summer of 2013 after Travon Martin case was trial and no justice was served. George Zimmerman had shocked the world because he was charge with the death of travon and was found innocent in court. The Martin case had affected people around the world because there were evidence in the case shown Zimmerman killed Travon and no justice was served and Zimmerman got off free. The black lives matter is a organization pushed by blacks folks and other races, standing up for police brutality and racial profile towards blacks…

    • 113 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Tarasoff v. Regents of the University of California was a case in 1976 which the Supreme Court of California decided that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by any of their patients. Originally, in 1974, the decision was mandated warning the threatened person or persons but, in the year 1976 the California Supreme Court decided that it was intended for a “duty to protect” a victim. Mr. Poddar was a graduate student in the University of California, Berkeley. He met Tatiana Tarasoff at folk dancing classes at the International House. They saw each other on a weekly basis and later on slept together on New Year’s Eve. Poddar interpreted the act as a serious relationship. Tarasoff…

    • 341 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    · Assess the past, present, and future impact that victim rights laws have on court proceedings.…

    • 419 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    PROCEDURAL HISTORY- Young stab victim was brought into the hospital on March 1981, who had no vital signs. The ER doctors on staff tried to resuscitate. He started to gasp and they installed a Emerson pump into chest to help drain air and blood from chest. 20 minutes his vital signs were back to normal. DR. Gerdes wanted to do a thoracotomy but was unqualified to do so. They then called a DR. who would be able to perform the surgery, Dr. Mc Cool. Dr. Gerdes explained to Dr. Mc cool that the patient was in the hospital and required a thoracotomy, but patient did not have insurance. Dr. Mc Cool wanted the patient to be transferred to Earl K Long Hospital to get better care. The Dr. explained to Dr. Mc Cool that he could not transfer patient and Dr Mc Cool said transfer him. Phone call was then ended and the staff had to make a decision on what to do. The Dr and the nurse were not happy about having to transport this patient. They called for the ambulance. When the paramedics showed up they felt uncomfortable in transporting this type of patient. They had to remove the Emerson pump, when doing so patient started to bleed. Vital signs went down and he died of cardiac arrest.…

    • 493 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Article and Law Search

    • 835 Words
    • 4 Pages

    This article was about a case implicates the Georgia Regional Hospital, Atlanta. In January of 2009, a patient, Na Young, this patient has a history of psychotic episodes. This patient was released form the psychiatric hospital. On a Friday evening in January at the Regional Hospital in Atlanta, Na Yong, refused to sign the release paper. The patient go valance with the nurse and told her that she will now longer take the antipsychotic medication. The patient family pleaded the doctors and nurses to reconsider discharging her from the hospital. The patient prior to been admitted into the hospital had physically abused her mother on several occasion. Na Yong told physician and nurses that if she were discharge from the hospital she would kill her mother, which was the target of her schizophrenia-fueled rage. The hospital staff still…

    • 835 Words
    • 4 Pages
    Good Essays
  • Good Essays

    engagment strategy

    • 1342 Words
    • 6 Pages

    victims of domestic violence (DV) are often in denial of the abuse and this is a safety issue that can easily…

    • 1342 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Victim impact statements made their first appearance in the United States in the late 1970s. The main purpose of a victim impact statement is to portray to the people of the court the affects the crime committed had on you, whether it be emotionally or physically. Often times, the victim impact statements can have some effect on the sentence given to the offender. During today’s times, forty seven states allow some form of victim impact statement to be included in the evidence used during sentencing.…

    • 500 Words
    • 2 Pages
    Good Essays
  • Good Essays

    "Special victims" include law enforcement, emergency medical personnel, public transportation employees, a licensed security officer, an employee or visitor at a correctional facility if the defendant was an inmate, employees of Children & Family Services (provided the offender was aware of their position), an elderly person (65 and older), a school employee, or an elected official, provided the defendant knew the official's employment…

    • 982 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    In the second case, with Nurse Jane having witnessed acts of negligence from her colleague, there…

    • 329 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Duty to Protect

    • 1397 Words
    • 6 Pages

    In 1976, in the Tarasoff vs. The Regents of the University of California the Supreme Court ruled that it was a legal obligation on psychotherapist enforced by civil suit to warn a victim of potential harm by patient. The duty to warn became a law in most states of the United States (Herbert & Young, 2003). The Tarasoff case is based on Prosenjit Poddar, an outpatient of the mental services of the University of California Berkley who was receiving counseling from psychologist Moore. At one session Poddar had mentioned he has intentions of killing a woman, Tatiana Tarasoff. Moore than advised the authorities and campus police who then was detained but released due to having no sign of insanity. Poddar then killed Tatiana Tarasoff. As victim and family was not advice of threat and possible harm, Tarasoff family filed a suit against the board of regents and the University of California employees for their failure to warn the victim. This is when after examining the case “the duty to warn” became a law. In 2004 the Tarasoff law, “duty to warn was…

    • 1397 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Legal Law Firm

    • 1350 Words
    • 6 Pages

    2) The defendant knew or should have known the condition posed an unreasonable risk of death or serious bodily harm;…

    • 1350 Words
    • 6 Pages
    Good Essays