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"The protective privilege ends where the public peril begins"
- Mr Poddar became depressed and sought
counselling with a psychologist
- He told the counsellor he wanted to kill her
- The counsellor contacted police and Mr Poddar was temporarily admitted, but was overruled by a psychiatrist and Mr Poddar was released
- Mr Poddar went on to stab Miss Karasoff
to death
Miss Karasoff's family take the psychiatrists to court for failing to protect their daughter
“therapist bears a duty to use reasonable care to give threatened persons warnings as are essential to avert foreseeable danger.”
“When a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.”
- Comprehensive Risk Assessment
- Duty to take action to protect only if specific risk and patient in situation to be capable of act
- Most frequent actions would be to admit or contact police