• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About Us
    • Our Attorneys
    • Our Staff
      • Sheila Chavez
      • Marin Gorman
    • Mission Statement
    • Community Service
    • Charities We Support
    • Secret Settlements – Our Stand
    • Patrick Malone & Associates Offers Scholarship to Law Students for Representing Real People
  • Attorneys
    • Patrick Malone
    • Daniel C. Scialpi
    • Alfred Clarke
    • Heather J. Kelly
    • Aaron M. Levine, Of Counsel
    • Peter R. Masciola, Of Counsel
  • Focus Areas
    • Medical Malpractice
      • Hospital Errors
      • Cancer Misdiagnosis
      • Diabetes
      • Kaiser HMO Malpractice
      • Military Malpractice
      • Hospital Security Misconduct
    • Brain and Spinal Cord Injuries
      • Brain Injuries From Medical Care
      • Lead Poisoning
      • Traumatic Brain Injury (TBI)
      • TBI Long-Term Care & Rehabilitation
    • Baby & Child Injuries
      • Birth Injuries
      • Infant/Child Brain Injuries
      • Shaken Baby Syndrome
      • Pediatric Anesthesia Errors
      • Jaundice/Kernicterus
      • Bacterial Meningitis
    • Sex Abuse of Children and Youths
      • Sexual Abuse Claims in Washington D.C.
    • Auto, Truck, and Motorcycle Accidents
      • Car Accidents
        • Maryland Car Accidents
        • Virginia Car Accidents
      • Truck Accidents
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Bicycle Accidents
      • Train Accidents
    • Defective & Dangerous Products
    • Dangerous Drugs
      • Carbon Monoxide Poisoning
    • Nursing Home Neglect and Abuse
    • Consumer Rights
    • Accounting and Legal Malpractice
      • How To Sue Your Lawyer For Malpractice
      • Common Legal Malpractice Claims
      • Damages For Legal Malpractice
      • Missing The Deadline For A Lawsuit
  • Success
    • Verdicts & Settlements
    • What Our Clients Say
    • True Stories
  • Publications
  • Resources
    • Frequently Asked Questions
    • Steps in the Legal Process
    • The Jury Trial System
    • Legal Deadlines for Filing Your Personal Injury Lawsuit
    • Better Health Care Newsletter from Patrick Malone
    • Sign Up for Our Free Newsletter on Getting Better Health Care
    • Free Fact Kit for Injury Victims
    • Tips for Patient Safety and Better Health Care
    • Health Care Advocates’ Power Kit
    • For Attorneys
    • More Legal Resources
    • Fellow Inner Circle Members
    • DC Hospital Ratings Map
    • Motor Vehicle Accident Blog
    • Washington D.C. Bike Map
    • Commute Risk Calculator
  • Patient Safety Blog
    • ProtectPatientsBlog.com
  • Malpractice A-Z
  • Contact Us

Patrick Malone Law

Medical Malpractice & Personal Injury Law Firm | Patrick Malone Law

CALL US TODAY:

202-742-1500
888-625-6635

Are You A Lawyer Seeking Co-Counsel ?
  • About Us
    • Our Attorneys
    • Our Staff
      • Sheila Chavez
      • Marin Gorman
    • Mission Statement
    • Community Service
    • Charities We Support
    • Secret Settlements – Our Stand
    • Patrick Malone & Associates Offers Scholarship to Law Students for Representing Real People
  • Attorneys
    • Patrick Malone
    • Daniel C. Scialpi
    • Alfred Clarke
    • Heather J. Kelly
    • Aaron M. Levine, Of Counsel
    • Peter R. Masciola, Of Counsel
  • Focus Areas
    • Medical Malpractice
      • Hospital Errors
      • Cancer Misdiagnosis
      • Diabetes
      • Kaiser HMO Malpractice
      • Military Malpractice
      • Hospital Security Misconduct
    • Brain and Spinal Cord Injuries
      • Brain Injuries From Medical Care
      • Lead Poisoning
      • Traumatic Brain Injury (TBI)
      • TBI Long-Term Care & Rehabilitation
    • Baby & Child Injuries
      • Birth Injuries
      • Infant/Child Brain Injuries
      • Shaken Baby Syndrome
      • Pediatric Anesthesia Errors
      • Jaundice/Kernicterus
      • Bacterial Meningitis
    • Sex Abuse of Children and Youths
      • Sexual Abuse Claims in Washington D.C.
    • Auto, Truck, and Motorcycle Accidents
      • Car Accidents
        • Maryland Car Accidents
        • Virginia Car Accidents
      • Truck Accidents
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Bicycle Accidents
      • Train Accidents
    • Defective & Dangerous Products
    • Dangerous Drugs
      • Carbon Monoxide Poisoning
    • Nursing Home Neglect and Abuse
    • Consumer Rights
    • Accounting and Legal Malpractice
      • How To Sue Your Lawyer For Malpractice
      • Common Legal Malpractice Claims
      • Damages For Legal Malpractice
      • Missing The Deadline For A Lawsuit
  • Success
    • Verdicts & Settlements
    • What Our Clients Say
    • True Stories
  • Publications
  • Resources
    • Frequently Asked Questions
    • Steps in the Legal Process
    • The Jury Trial System
    • Legal Deadlines for Filing Your Personal Injury Lawsuit
    • Better Health Care Newsletter from Patrick Malone
    • Sign Up for Our Free Newsletter on Getting Better Health Care
    • Free Fact Kit for Injury Victims
    • Tips for Patient Safety and Better Health Care
    • Health Care Advocates’ Power Kit
    • For Attorneys
    • More Legal Resources
    • Fellow Inner Circle Members
    • DC Hospital Ratings Map
    • Motor Vehicle Accident Blog
    • Washington D.C. Bike Map
    • Commute Risk Calculator
  • Patient Safety Blog
    • ProtectPatientsBlog.com
  • Malpractice A-Z
  • Contact Us
Call
Contact
Blog
You are here: Home / Malpractice A-Z / Violence by Mental Patients

Violence by Mental Patients

The Therapist’s Job to Protect People from the Therapist’s Patient

Before the 1970s, mental health professionals had no personal legal responsibility if their patients turned violent against some outsider. Such outbursts were thought to be unfortunate and regrettable, yes, but subject to legal accountability, no. That changed with a shocking case in Berkeley, California. Since then, courts in a variety of states have said that mental health therapists can be subject to malpractice lawsuits for failing to protect certain foreseeable victims from violence by the therapists’ own patients.

The California case involved a graduate student at UC-Berkeley who became infatuated with a young woman named Tatiana Tarasoff. When she rebuffed him, the young man sought counseling with a psychologist at the university health service. He told the therapist he wanted to kill Ms. Tarasoff. The therapist reported this to campus police and the police warned the young man to stay away from Ms. Tarasoff. When she returned from a summer away, he stalked and fatally stabbed her. Her parents then sued the university. They claimed the therapist should have directly warned Ms. Tarasoff. The trial court threw the case out on the ground that the therapist owed a duty only to the patient, not to any outsider. Then the California Supreme Court ruled twice, in 1974 and then on a rehearing in 1976, that a mental health therapist did have a duty to protect an outsider under some circumstances. The court said:

“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. The discharge of this duty may require the therapist to take one or more of various steps. Thus, it may call for him to warn the intended victim, to notify the police, or to take whatever steps are reasonably necessary under the circumstances.”

The rules that apply to mental health professionals vary all over the map depending on the individual state and the court. At least 23 states have passed laws on the subject, and these also vary widely. Here is an article that reviews 76 court decisions relating to so-called Tarasoff liability. Some states now say that a therapist has a duty only to a specific identifiable victim who has been threatened by the patient. Others say the therapist’s duty applies to any foreseeable harm to any outsider.

Next: What Reasonable Therapists Need to Do to Protect The Public (and Protect Themselves from Legal Liability) when they have a Potentially Violent Patient

Consult with an Experienced Malpractice Attorney

If you believe you or a family member has been seriously injured from medical malpractice, medical error, or neglect by a doctor, hospital, nurse, clinic, nursing home or other health care provider, you may want to click here to contact an experienced medical malpractice attorney for a free evaluation of your case. You can also email us at info@patrickmalonelaw.com or call us at 202-742-1500 or 888-625-6635 toll-free. We will respond within 24 hours. There is no charge for our initial consultation.

Primary Sidebar

Contact Us

Focus Areas

  • Medical Malpractice
  • Birth Injury
  • Auto, Truck & Motorcycle Accidents
  • Brain & Spinal Cord Injuries
  • Defective Products
  • Dangerous Drugs
  • Nursing Home Neglect & Abuse
  • Consumer Rights
  • Accounting & Legal Malpractice

Resources

The Lawsuit Process
  • Free Fact Kit for injury victims
  • FAQs about injuries & the legal process
  • Steps in the legal process
  • Legal deadlines for your lawsuit
  • What to expect from your “independent” medical examination
  • The jury trial system
Medical Resources
  • Patient Safety Tips
  • Health Care Advocates’ Power Kit
  • DC Hospital Rating Map
  • Patient Safety Newsletter
    from Patrick Malone
For Attorneys
  • Books for Attorneys
  • Expert Witness Resources
  • Articles
  • Briefs
  • Closing Arguments in Trial
  • Medical Society Statements on Expert Witness Testimony
  • Cross Examination Transcripts

What Our Clients Say

  • Client reviews on
  • Client reviews on
View more

Patient Safety Blog by Patrick Malone & Associates

  • Communication
  • Medical Malpractice
  • Medications
  • Hospitals
  • Preventive Care
  • Research Studies
  • Accessibility of Health Care
  • Disclosure
  • Primary Care
  • Product Safety
View More Topics

Footer

Our Location

  • PATRICK MALONE & ASSOCIATES, P.C.

    1310 L Street NW
    Suite 800
    Washington, DC 20005

  • Phone: (202) 742-1500
  • Toll Free: (888) 625-6635
  • EMAIL
  • Facebook
  • Twitter
  • Youtube
  • Linkedin

What We Do

  • Brain And Spinal Cord Injuries
  • Medical Malpractice
  • Birth Injury
  • Auto, Truck And Motorcycle Injuries
  • Defective And Dangerous Products
  • Dangerous Drugs
  • Nursing Home Neglect And Abuse
  • Consumer Rights
  • Accounting and Legal Malpractice

Directions

Get Directions

© 2023 Patrick Malone & Associates, P.C. | All Rights Reserved | Legal Notice