Professional and Legal Responsibilities of the Therapist Confronted With Potential Violent Behavior in a Patient (From Violent Behavior: Assessment and Intervention, V 1, P 281-296, 1990, Leonard J Hertzberg, Gene F Astrum, et al, eds. -- See NCJ-123057)

• NCJ Number: 123072
• Author(s): D L Shapiro
• Date Published: 1990
• Length: 16 pages
• Sale Source: PMA Publishing Corp
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

After reviewing court cases pertinent to the therapist's legal responsibilities when confronted with potentially violent behavior in a patient, this chapter provides guidelines for therapists' compliance with such court decisions.

Abstract

The courts have rarely imposed liability for failure of mental health professionals to predict dangerousness that resulted in patients' or former patients inflicting injuries on third parties. Liability could result, however, when unambiguous warning signals should have alerted the mental health professional to a patient's dangerousness in general or to a particular third party. In the latter case, the courts might expect the therapist to inform the potential victim of the threat. Liability can almost certainly be avoided if therapists use treatment contracts with patients that indicate alternative treatments, the risks and benefits of treatment, and the limits of confidentiality. A comprehensive assessment well-documented in the clinical record can provide documentation to support whatever strategy or decisions the therapist has made vis-a-vis the patient. This should preclude the therapist's liability for injuries either to the patient or to a third-party victim of the patient. 17 footnotes.