In states with explicit Tarasoff duty, which statement about duty to warn is correct?

In states with explicit Tarasoff duty, which statement about duty to warn is correct?

• A. The duty to warn exists only when there is a direct threat to a patient or staff within the facility.
• B. The duty to warn applies to any threat regardless of specificity if public safety is a concern.
• C. The duty to warn or protect exists when a patient poses a credible threat to specific individuals; failure can result in liability.
• D. There is no duty to warn in states with explicit duty.

Answer: (C)

In Tarasoff jurisdictions, clinicians have a duty to warn or protect when a patient poses a credible threat to a specific, identifiable person. This means the duty arises not for every vague or broad threat to the public, but specifically when there is a credible threat directed at a particular person or small group who can be identified. If the clinician fails to warn the potential victim or take reasonable protective steps, they can be held liable for any resulting harm. States with explicit Tarasoff duties codify this obligation, so there is indeed a duty in those jurisdictions. The other descriptions miss key aspects: the duty isn’t limited to threats inside a facility, nor does it apply to any threat regardless of specificity, and it’s not true that there’s no duty in states with explicit Tarasoff laws.

In Tarasoff jurisdictions, clinicians have a duty to warn or protect when a patient poses a credible threat to a specific, identifiable person. This means the duty arises not for every vague or broad threat to the public, but specifically when there is a credible threat directed at a particular person or small group who can be identified. If the clinician fails to warn the potential victim or take reasonable protective steps, they can be held liable for any resulting harm.

States with explicit Tarasoff duties codify this obligation, so there is indeed a duty in those jurisdictions. The other descriptions miss key aspects: the duty isn’t limited to threats inside a facility, nor does it apply to any threat regardless of specificity, and it’s not true that there’s no duty in states with explicit Tarasoff laws.