Abstract

http://ssrn.com/abstract=2324955
 
 

References (46)



 


 



Tarasoff Duties after Newtown


Mark A. Rothstein


University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

September 12, 2013

Journal of Law, Medicine and Ethics, Vol. 42, No. 1, 2014
University of Louisville School of Law Legal Studies Research Paper Series No. 2014-17

Abstract:     
The public was not prepared for the brutal and cold-blooded murder of twenty first-grade school children and six teachers and staff at Sandy Hook Elementary School in Newtown, Connecticut, on December 14, 2012. Following the all-too-familiar emotional stages of shock, grief, and anger, many members of the public and elected officials turned to the issue of how to prevent such tragedies in the future. This article is concerned with one aspect of the mental health issue, whether a mental health professional has a duty to protect threatened victims. After reviewing the inconsistent and confusing interpretations of the Tarasoff doctrine and related principles the article proposes a strategy for developing and implementing a unitary, national standard for health care providers’ privilege to disclose confidential information and their duty to protect individuals threatened by potentially violent mental health patients.

Number of Pages in PDF File: 7

Keywords: duty to warn, duty to protect, tarasoff, confidentiality, mental health, HIPAA Privacy Rule, FERPA

JEL Classification: K31, K32

Accepted Paper Series





Download This Paper

Date posted: September 15, 2013 ; Last revised: June 25, 2014

Suggested Citation

Rothstein, Mark A., Tarasoff Duties after Newtown (September 12, 2013). Journal of Law, Medicine and Ethics, Vol. 42, No. 1, 2014; University of Louisville School of Law Legal Studies Research Paper Series No. 2014-17. Available at SSRN: http://ssrn.com/abstract=2324955

Contact Information

Mark A. Rothstein (Contact Author)
University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )
Louisville, KY 40202
United States
HOME PAGE: http://www.louisville.edu/bioethics
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
Feedback to SSRN


Paper statistics
Abstract Views: 441
Downloads: 135
Download Rank: 128,945
References:  46

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.282 seconds