Psychotherapist's Duty to Protect, A

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Wolven, Melanee L.

Issue Date

1992

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25

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Journal Article

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INTRODUCTION|Psychotherapists owe a duty to protect endangered third persons from unreasonable risk of harm posed by potentially dangerous patients. This duty to protect includes the duty to take several precautionary measures. Two important measures pertain to the duty to warn and the duty to confine. Both of these duties raise serious ethical considerations. A warning to endangered third persons may breach psychotherapist-patient confidentiality; confinement may cause deprivation of personal liberty. Often, psychotherapists must balance the interest of the public against the patient's interest in confidentiality and effective treatment. Not surprisingly, psychotherapists seek legal advice from the American Psychiatric Association most often on the issue of the "duty to protect," which includes both the duty to warn and the duty to confine...

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25 Creighton L. Rev. 1461 (1991-1992)

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Creighton University School of Law

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