Also known as: Tarasoff duty · duty to warn · Tarasoff warning · Tarasoff duties · Tarasoff rule · therapist duty to warn
Written by attorneys · grounded in primary & secondary sources — see below
A duty imposed on psychotherapists to warn identifiable potential victims when a patient poses a serious danger of violence. The duty overrides confidentiality and privilege.
Select any source to read its text and confirm it supports the definition.
Talia Torres treated a patient who expressed specific rage toward family members and threatened harm upon release. Talia disclosed the threats to the identified relatives. The patient later assaulted a family member. The disclosure satisfied the duty because the victims were identifiable and the threats were concrete.
Tara Tran treated a patient whose documented threats targeted only family members. Tara released the patient without notifying anyone outside that group. The patient later injured a neighbor. No duty arose toward the neighbor because the threats did not identify that individual as a potential victim.
Yes. The duty arises when the patient makes threats against specific, identifiable individuals. Generalized threats to the public or to unidentifiable persons do not trigger the obligation to warn.
Yes. The duty to warn potential victims supersedes the usual rules of confidentiality and privilege that otherwise protect patient communications.
The duty is triggered by a special relationship between the therapist and the patient who poses a danger. No duty extends to warn or protect persons outside the scope of the known, identifiable threats.