Tuesday, January 29, 2013

Two Cases Of Interest For The Aurora Theater Shooting: Tarasoff v. Regents of the University of California (1976) & Jablonski v. U.S. (1983)

Are mental health workers supposed to help their clients,
or do they have a duty to protect the public from harm?
Dr. Lynne Fenton, the Aurora theater shooter's former psychiatrist, and the University of Colorado Hospital are facing several lawsuits from victims and victims' families. I wrote about the challenges facing the plaintiffs' attorneys in a blog post here. Assuming the attorneys are able to convince the court to order Dr. Fenton to release the shooter's records, there are two key legal cases that will play a part in the success or the failure of the lawsuits.

Tatiana Tarasoff
First, is Tarasoff v. Regents of the University of California (1976). In this case, a UC-Berkeley student stalked, stabbed, and killed Tatiana Tarasoff, another student of the University. The murderer, who ended up getting off scott-free because of a technicality, had been treated for mental illness at the university's hospital. His treating psychologists failed to warn Ms. Tarasoff of the danger she was in. In 1974, the California Supreme Court ruled the university had a duty to warn her.

Two years later, the case made its way back to the California Supreme Court. At that time, the Court clarified its first ruling, and they found the university actually had a duty to protect Ms. Tarasoff. In the discharge of that duty, they stated the hospital should have notified the potential victim, called the police, and taken whatever steps that were "reasonably necessary under the circumstances." They further clarified that the university had a duty to break the killer's confidentiality in order to protect the potential victim. The most famous quote from this decision is, "The protective privilege ends where the public peril begins."

Prosenjit Poddar, Ms. Tarasoff's killer
One of the keys in the Tarasoff ruling was that the risk of violence must be such that the intended victim is in "foreseeable danger." More on that later.

The second case is Jablonski v. U.S. In this case, a man with a severe personality disorder and a history of rape and violence killed his girlfriend. The daughter of the girlfriend sued a hospital that failed to involuntarily hospitalize the man several weeks before the killing because they did not gather adequate information about him prior to making the decision to release him. The suit alleged the hospital also failed to warn the intended victim.

In this case, the trial court ruled the hospital was negligent for both above-mentioned reasons. The court ruled the hospital had an absolute duty to warn the girlfriend she was in foreseeable danger. On appeal, the Appeals Court affirmed the lower court's decision.

So, how do these cases relate to the lawsuits against Dr. Fenton? The Tarasoff decision would dictate that Dr. Fenton had a duty to protect potential victims from the shooter. Plaintiff's attorneys could argue she should have called the Aurora police and done more to escalate her concerns through the University of Colorado's emergency management system. She also could have had him involuntarily committed when campus police asked her if the shooter needed that level of care about a month before the shooting.

The tricky aspect with Tarasoff is that it is a California Supreme Court decision. Thus, it does not necessarily hold for different states. A defense attorney could argue there is no duty to protect spelled out in Colorado law the way it is in California. That is where the Jablonski decision becomes important. This was a decision through the U.S. Court of Appeals. Although it did not establish the duty to protect on the Federal level, it certainly established the duty to warn. And, the duty to protect, as it is described in the Tarasoff decision, has now become the standard of practice to which psychologists and psychiatrists are held, regardless of what state they work in.

The risk of harm is not always as foreseeable to
mental health workers as it is to this woman.
One final note: The attorneys who are suing Dr. Fenton have case law on their side, but they must prove one very important aspect regarding her treatment of the shooter--they must demonstrate Dr. Fenton knew, or should have known, there was "foreseeable danger." This will be a difficult task. First, most people who experience homicidal or suicidal thoughts never act on those thoughts. Plus, many patients will never tell their doctors about their homicidal thinking. Dr. Fenton will have had to have known about the shooter's homicidal ideation and believed it to be imminent enough that there was a duty to protect the public. Plus, she would have needed to know he had a specific plan against a person or a group of people (like a group of moviegoers).

Thanks for reading-- Max Wachtel, Ph.D.


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You should always apply a lot of sunscreen over all exposed skin.Be consistent in your application of your favorite skin care products. When used consistently, the results will be more noticeable. If you are often forgetful, keep your skin care products out where you can see them. Keep your skincare products on the nightstand if you use them at bedtime.Whenever the temperatures dip or climb to extremes, your skin suffers more than anything.

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When working out, keep in mind Testo Max HD that your smaller muscle groups will tire sooner than your larger ones will. You should start your workout with dumbbells, followed by a barbell and then finish up on machines.

Eating fatty harmful foods on your relax periods will instantly turn to additional body bodyweight since there is no immediate work out going on to Supplements King Pro lose up the calorie consumption off. Make sure to eat a great proteins eating plan with healthy and balanced and healthy and balanced human additional fat that tend to be seen in foods such as eggs and avocados. Supplements King Pro
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By following the advice above, you can prevent further damage to your skin and help make it vibrant and glow Nuavive Your skin is an important part of your body and it is should not be neglected Nuavive Using these hints and tips will help you enjoy the skin you have and take care of it in simple and easy ways!
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You should choose exercises adapted to your level VigRX You have to understand that the average person cannot train like a professional bodybuilder VigRX Be realistic about your body type and health to develop a routine that will not exhaust you or damage your muscles VigRX As you progress, you will be able to transform your routine VigRX
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It is a good idea to work out in the presence of others in order for you to push yourself to your limit Zynev Many people slack off a bit when they are lifting weights if they know that no one is there to notice that they are not working as hard as they could be Zynev
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They serve as a type of joint lubrication and increase the body's testosterone. This can also create healthy muscle growth in your body. Just remember to stay away from saturated fats, because the aren't a heart-healthy option.It is necessary to monitor your calories, if you want to build muscle. There are good calories and bad calories, and it is important to know which is which, if you want to build muscle. An inappropriate diet will weigh you down with fat, not muscleYour muscle building goals should be difficult but attainable. Good results come incrementally over months of working out. If you use substances like steroids or other drugs, you may be facing severe health issues in the

Do not attempt extreme cardio training with weight training Test X180 Alpha Done within reason, this combo can be truly beneficial for your health, but when done in extreme fashions can contradict one another minimizing the results that you see from either one of them Test X180 Alpha Pick one to focus on and stay committed to working on it regularly Test X180 Alpha
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Biogenic XR Reviews Fenugreek is a natural herb with extremely potent seeds, which have a medicinal effect to reduce balding, hair fall, and hair thinning. Due to increasing side effects of artificial additives in hair care products, most people prefer organic products. Rosehip Oil: Rosehip Oil is also high in Vitamin C and as a result has skin brightening properties, helping the skin tone to become even (a huge concern with skin that is not Caucasian). As a beauty products company, in addition to herbal-based natural hair products, they are also considering complete body fit health and natural accord to facilitate and benefit both their customers and society by their products. This increases the risk of heart disease, cancer, and some other conditions that are worse than hair loss.

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To get rid of dead skin on your face, use an exfoliating scrub. The more dead skin there is, the duller you'll look. Exfoliating leaves you looking bright and fresh. In addition, exfoliating reduces the appearance of pores by removing oil and dirt trapped underneath the skin's surface.Cleansing your skin is one of the most effective ways to enjoy healthy, attractive skin. Washing your face can reduce blemishes and redness on your skin. You can save money, time and stress by doing your homework before purchasing skin care products. Sometimes, simpler and less expensive products are best.

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Consuming an excess amount of sugar can cause your skin to sag and develop wrinkles.Don't rub with too much pressure when you are exfoliating your skin. This can damage the skin and cause it to become very irritated. Just take your time, and exfoliate longer if you want a deep cleaning. You can get deeper into the pores and avoid harm by doing this.

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You can work physical activity into daily routines like walking or even vacuuming.Matte blush is more flattering than shimmer blush for most skin types. Shimmer blushes can make acne scars and bumps more visible. Matte makeup can help to mask blemishes.Regardless of any other measures you take to improve your skin, you need to stay hydrated. Water hydrates the body and flushes toxins from the pores, which results in radiant and healthy skin.

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Sit ups and crunches are not the full answer when it comes to getting ripped stomach muscles. When you work your abdomen, you strengthen and tone these muscles, but you will not burn belly fat. To get a six pack, you'll need to lower your body fat percentage through diet, cardio, and strength training.You should not lift weights for more than an hour at a time. On top of that, your muscles start to deteriorate after about an hour of work. So keep those weight workouts less than 60 minutes.

Muscle Nit XT Monkeys are coming. prepare you seemed to be her motto as shed literally tear through were distributed door and hurtle the particular house in the bedroom and fling herself under the duvet. If I cant see them they cant see me appeared in order to her convinced. Many for these foods are highly processed containing white flour or white almond. Foods that are sold as fat free often contain harmful chemicals that replace fats and cholesterol.

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ERX Pro are more negative than positive agents working on your body. Muscles are always either growing or shrinking there isnt really holding pattern. Stress and poor diettrainingsleep patterns can outcome in muscle catabolism go for walks . results in the bodybuilderfeeling rundown losing muscle and gaining fat.

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