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Ewing V. Goldstein And The Therapist's Duty To Warn In California, Gwynneth F. Smith
Ewing V. Goldstein And The Therapist's Duty To Warn In California, Gwynneth F. Smith
Golden Gate University Law Review
Part I of this Note reviews California law concerning the treatment of potentially dangerous patients, including both the duty to warn and the civil commitment process.s Part II examines the impact of the Ewing decision on the therapist's duty to warn. Part III proposes the Lanterman-Petris-Short Act ("LPS Act") as a suitable framework for dealing with potentially dangerous patients that, if used correctly, obviates the need to expand the triggering criteria for the duty to warn and circumvents the negative ramifications of the Ewing decision. The Note concludes that this framework provides a superior compromise, better protecting both patient confidentiality …
Psychotherapists' Duty To Warn: Ten Years After Tarasoff, Leslie B. Small
Psychotherapists' Duty To Warn: Ten Years After Tarasoff, Leslie B. Small
Golden Gate University Law Review
This Comment discusses the Tarasoff decisions and subsequent cases defining the scope of the psychotherapists' duty to protect persons other than their patients. It examines the rationale behind A.B. 2900, and assesses the bill's effect upon the Tarasoff-related objections it addresses. In spite of the Governor's veto of A.B. 2900, there is a need for statutory guidelines to clearly and equitably define the scope of the psychotherapists' duty to protect. This Comment proposes a model statute that attempts to strike a favorable balance among the complex, overlapping interests of psychotherapists, patients, and the public.