Friday, October 10, 2014

Tarasoff v. Regents University case brief summary


Tarasoff v. Regents University case brief summary

F: Patient, during the psychologistic course of treatment under Ds, revealed the information that he intended to kill P. Later, with no further Ds action taken to confine patient, patient killed P. P claimed that they should be liable b/c D failed to confine patient and warn P about patient’s intent.

I: If the doctor has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to the person or property of another, and preventing the threatened danger outweighs the need for protect confidential communications btw doctor and patient, whether failure to exercise a reasonable care to confine patient or to warn the endangered party makes doctor be liable for negligence 


R: If the doctor has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to the person or property of another, and preventing the threatened danger outweighs the need for protect confidential communications btw doctor and patient, failure to exercise a reasonable care to confine patient or to warn the endangered party makes doctor be liable for negligence 

C: GR is no duty to rescue
Expansion of tort law can limit other types of freedom.

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