Download this Paper Open PDF in Browser

Tarasoff Duties after Newtown

7 Pages Posted: 15 Sep 2013 Last revised: 25 Jun 2014

Mark A. Rothstein

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

Date Written: September 12, 2013

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.

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

JEL Classification: K31, K32

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: https://ssrn.com/abstract=2324955

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

Paper statistics

Downloads
197
Rank
129,324
Abstract Views
944