On October 27th of 1969, after returning home from a summer in Brazil, University of California at Berkley student, Tatiana Tarasoff was repeatedly stabbed and killed by a fellow classmate, Prosenjit Poddar. As tragic as the crime itself was, more tragic was the fact that it could have been prevented. Poddar had developed an unhealthy obsession with Miss Tarasoff during the year leading up to her death. Her continuous rejection of his advances sent him spiraling into a deep depression. He was encouraged by friends to seek treatment at the University’s student health center. During his course of therapy Poddar revealed to his counselor his intentions to kill Tatiana. Though the therapist did take steps to prevent the tragedy from occurring such as, asking for the weapon, calling campus security and requesting an emergency psychiatric evaluation, he failed to warn Tatiana herself, the intended victim. After her parents sued the University for negligence, the California Supreme Court ruled that “when a therapist determines, or should have determined, that a patient presents a serious danger of violence to another, the therapist then has a ‘duty to protect’ that third party” (Dimone & Fulero, 145-147). However, the Tarasoff doctrine is vague as written, given very little direction to practitioners in how to carry out their legal obligation while still remaining ethically responsibly to their client. A leading ethical challenge in the mental health profession today involves maintaining client confidentiality and protecting the public from harm (Corey Et Al, p. 230). Mental health professionals have an ethical duty to protect a client’s confidences. In fact, most view confidentiality is paramount to the hel... ... middle of paper ... ...tion with the client to address any concerns or questions regarding the topic. References Corbin, J.R. (2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, 4-7. Corey, G., Corey, M.S. & Callahan, P. (2007). Confidentiality: Ethical and legal issues. In Brooks/Cole (8th Ed.), Issues and Ethics in the Helping Professions pp. 208-264. Duty to warn: A question of loyalty varies by state (2004, January). Contemporary Sexuality, 38(1), 4-6. Simone, S. & Fulero S.M. (2005). Tarasoff and the duty to protect. Journal of Aggression, Maltreatment and Trauma, 11(1/2), 145-168. Walcott, D.M., Cerundolo, P. & Beck, J.C. (2001). Current analysis of the Tarasoff duty: An evolution towards the limitation of the duty to protect. Behavioral Sciences and the Law, 19, 325-343.
Moreover, ethical issues are ubiquitous within the field of social work. As such, social workers employed in all facets of the profession, whether it is substance abuse, mental health, among many others encounter ethical issues common and specific to each area. According to the article “Ethical Issues in Addiction Counseling” by Cynthia G. Scott (2000), prominent ethical situations specific to the field of substance abuse include, “confidentiality and privileged communication” (p. 213). In her article Scott (2000) discuss the blurred boundaries of confidentiality with regards to group counseling. The author points out the discrepancy in federal confidentiality laws that prevent the practitioner from sharing confidential information disclosed
The phrase primum non nocere (‘‘first, do no harm’’) is a well-accepted ideology of the medical and mental health professions. Although developing research data indicate that several psychological treatments may produce harm in significant numbers of individuals, psychologists have until recently paid little attention to the ethical issues of hazardous treatments. The Ethics Code of the America...
Confidentiality and trust between the client and social worker is an important part of the therapeutic process. Confidentiality is discussed frequently with the client, in trainings, and in supervisions. When a client first begins services there are multiple forms to fill out, many of which explain the agency’s confidentiality policies and provide client’s the opportunity to agree to share information with certain parties (i.e. their PCP, psychiatrist, specialty providers) or not share any information at all. Despite this focus on confidentiality there are some areas where “the rights of others take precedence over a client’s right to confidentiality” (Hepworth, Rooney, Rooney, & Gottfried, 2017, p. 76). In situations where child abuse or neglect is suspected by the social worker, the social worker will breach confidentiality in order to protect the child. In fact, “all 50 states have statutes making it mandatory for professional to report suspected or known child abuse. Moreover,
As a psychologist in a mental health profession, you should avoid conflicts of interest when providing any professional services to a client. Engaging in any activity with a client that makes the boundary between a provider and a client somewhat un...
As a student new to social work, The Code of Ethics written by the National Association of Social Workers (NASW) is in the forefront of my mind whenever practicing my freshly learned skills. According to the Code, these rules were written as the “values, principles, and standards to guide social workers’ conduct” (Code of Ethics - NASW, n.d.). Within my most-recent session, certain aspects of this code were relevant, including informed consent, privacy and confidentiality, a commitment to the client, the dignity and worth of a person, the importance of human relationships, integrity and competency of the worker, and social diversity.
There are a number of problems that present in modern practice that can significantly affect or compromise confidential client information. Primarily, these types of problems are usually categorized as belonging into one of two areas of violation that provide unauthorized access to confidential information. The first area of disturbance of confidentiality occurs when the professional boundaries of the client-therapist relationship are breached, such as when practitioners partake in multiple relationships or decide to access public information about a patient online.
Without exception, confidentiality trumps duty to warn, court rules (2004). Mental Health Law Report, 22 (6), 53. Retrieved from http://find.galegroup.com/gtx/infomark.do?&contentSet=IAC-Documents&type=retrieve&tabID=T003&prodId=GRCM&docId=A120474886&source=gale&userGroupName=clemson_itweb&version=1.0
Over the course of their therapeutic relationship, Dr. Davenport violates client confidentiality as it is described by the American Counseling
In today’s society with the blogs, the gossip sites and the other forms of social media, confidentiality is a thing of the past. However, for, physicians and other health professionals, they are held to a higher standard to maintain a level of ethics and confidentiality for their patients. Confidentiality is a major duty for a health professional, but is there ever a time to where it is okay to tell what a patient says in confident? What if the patient is a minor, or a senior citizen or someone who is mentally challenged? What if a patient is being abused or wants to commit suicide? Does it matter if it is a nurse, or a dentist, or a psychologist or is all medical professional held to the same moral standard? What roles does a consent form or Health Insurance Portability and Accountability Act plays in the medical world in being confidentiality? I would like to explore Confidentiality and the moral effects it has on the health profession.
Corbin, J. (n.d.). Confidentiality & the duty to warn: ethical and legal implications for the
Koocher, G.P., & Keith-Spiegel, P. (2008). Ethics in psychology and the mental health professions. New York, NY: Oxford University Press.
Corey, G., Corey, M. S., & Callanan, P. (2011). Issues and ethics in the helping professions. (8th
In my work as a Counsellor, I am very aware of how important trust is in the therapy room. Some clients come ready to share but for others it takes time to recognise that they are in a safe space where their secrets are safe and they can be vulnerable. I feel honoured and greatly respect the trust shown each time a client says the words ‘I have never told anyone this…’
Doctor patient confidentiality, is a fundamental element of the practice of medicine. Patients can expect that doctors and their support staff will hold confidential information about them in confidence, unless the release of the information is required by law or for public interest reasons. Ensuring confidentiality is retained allows doctors to examine their patients and receive all relevant information about their condition without a worry of judgement or sharing of the information.
Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be happening in a counseling setting and serves to inform the client to their rights, responsibilities, and what to expect. Most importantly, the informed consent is in place for the client’s benefit. It also is important to understand that culture and environment play a role in the treatment of a client and how theories can positively or negatively impact this treatment. Therapists need to understand how to work within the context of a theory while being able to understand the individual in their own environment. Although theories are put into place to serve as a framework, there are also alternative ways to approach counseling, one example being evidence-based practice. Such an approach is very specific, which presents a series of solutions for counseling as a whole, but also brings forth many problems. Every approach or theory introduces ethical concerns that need to be taken into consideration by the entire counseling community and how each can positively and negatively affect clients and the pr...