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Old 08-07-2012, 10:05 AM
 
Location: On The Road Full Time RVing
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James Holmes' Psychiatrist Contacted University Police Weeks Before Movie-Theater Shooting



James Holmes' Psychiatrist Contacted University Police Weeks Before Movie-Theater Shooting: ABC Exclusive - Yahoo!
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Old 08-07-2012, 12:21 PM
 
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Psychiatrist Duties: Tarasoff

Thought I would throw in the Tarasoff case, which is what started the entire "Duty to Warn" for psychiatrists, and mental health professionals...The ethics of this are always hotly debated, with various scenarios...who can predict everything? And in the Holmes case, there was no direct intent towards a specific person.
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Old 08-08-2012, 02:32 PM
 
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What are the factors that would cause a mental health professional to warn someone ... and who would they warn?
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Old 08-09-2012, 09:40 AM
 
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I'm not a mental health care professional, but I can bet its something like this:

1. A patient has expressed a desire to harm or kill a specific person.
2. The patient has shown some propensity for violent, unsocial acts in the past.
3. The patient's threats seem to the therapist be credible, rather than simply expressions of anger or emotion.
4. The patient is very specific about what he intends to do. An example would be that instead of saying "I'm gonna kill that lady" that the patient says "I bought a gun and ammunition and when she gets home from work in the evening, I'm going to be sitting on her front porch waiting for her to get out of her car".

I don't practice in California and I haven't read the Tarasoff case in about thirty years. However, the concept would be that when an act becomes "forseeable" that that forseeability creates a duty on the part of the therapist to warn the person who is in danger. Ultimately, whether or not an act was "forseeable" would be determined by a jury after they heard the evidence during a trial.

In such a situation, the therapist's primary duty would be to contact the authorities and warn them what was going on.

Its kind of a difficult situation. Ordinarily, under common law people don't have a duty to warn or rescue strangers when they are at peril. However, there are exceptions recognized to such a rule and those exceptions usually revolve around a person having a "special relationship". In this situation, a therapist maybe the only person who may have a clue what their patient is thinking. There is a saying in the legal profession that "tough cases make bad law". I think the courts have been in a quandary in these situations. Clearly, there are some cases where timely reporting by a therapist could have prevented a crime. However, they also recognize the burden that deciding what to report places on therapists. There are also some implications for therapist/patient privilege which is crucial for treatment.
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Old 08-09-2012, 11:46 AM
 
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It's a really tough position to be in.

Possible that the police dropped the ball on this one.

At some point, you almost wonder if an anonymous call to the police might get the desired effect.
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Old 08-09-2012, 12:25 PM
 
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One has to remmber that the poice really have little to do with people with mental problems that are deeemd to be a imment threat to detian in mental institutions unvolinterrily. That would take a perosn to sign a committmnet to be examined based on perosn personally know facts,Then they are detained upto three days and examined by doctors. Then a hearing before a judge has to be requested by that poerson ;then it has to be proved the perosn is a imment threat which means not just a threat or a perosn who can be not a threat if given drugs,Imment means basically he is now a threat not just mental probelms that can make him a threat. The police just serve the paperwork unless they ru inot the perosn o the street when he is actaualy doig something that is a threat.Ibviously the Doctor dod not think him a imment threat becasue she could ahve sing a committment that wouold then be looked at ald signed by a judge to have the him examined as to threat he possed. Imment threat has defined means immediate threat basically and a high standard.Miimons are picked a year on mental comitments;transported legal o that order by police ;examined and relased because no perosn appeared and reqaueted a hearing before a judge having jurisdiction.If no hearig requested by either doctors examining or i some case by perosn filing the request perosn is relaesed as he can't be heald legally .
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Old 08-10-2012, 06:13 AM
 
Location: On The Road Full Time RVing
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The artical tells of the laws on confidentiality, and much more:


Fenton would have had to have serious concerns to break confidentiality with her patient to reach out to the police officer or others, the sources said. Under Colorado law, a psychiatrist can legally breach a pledge of confidentiality with a patient if he or she becomes aware of a serious and imminent threat that their patient might cause harm to others. Psychiatrists can also breach confidentiality if a court has ordered them to do so.

"For any physician to break doctor-patient confidentiality there would have to be .........

James Holmes' Psychiatrist Contacted University Police Weeks Before Movie-Theater Shooting: ABC Exclusive - Yahoo!
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Old 08-10-2012, 06:31 AM
 
16,017 posts, read 19,661,658 times
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Quote:
Originally Posted by jasper12 View Post
Psychiatrist Duties: Tarasoff

Thought I would throw in the Tarasoff case, which is what started the entire "Duty to Warn" for psychiatrists, and mental health professionals...The ethics of this are always hotly debated, with various scenarios...who can predict everything? And in the Holmes case, there was no direct intent towards a specific person.
I thought it was "self or others" didn't know it had to be a specific person? IMO That wording needs to be reassessed for all states in light of so many multiple victims in so many random cases..
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Old 08-10-2012, 07:08 AM
 
Location: So Ca
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This thread would probably be more appropriate for the mental health forum.
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Old 08-10-2012, 08:10 AM
 
Location: On The Road Full Time RVing
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Woman removed after outburst during James Holmes’ court appearance




CENTENNIAL, Colo.--James Holmes, the 24-year-old charged in last month's deadly Aurora, Colo., theater shooting, is mentally ill, his lawyers disclosed during a court appearance that featured an unusual outburst on Thursday.
Chief District Judge William Sylvester heard testimony from representatives of more than 20 .................



http://news.yahoo.com/blogs/lookout/holmes-court-appearance-outburst-colorado-214127367.html
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