Term
| What are the three attributes of ethical actions? |
|
Definition
| they must be principled, they must result from the reasoned outcome of applying the principles, and they must be generalizable |
|
|
Term
| Ethics code based upon deontological justification, include an example |
|
Definition
ethics based on the notion of duty and what is right, a deontological means of justifying the ethical quality of one's actions focuses on a small or narrow set of moral outcomes, mitigating circumstances, or the subjective judgement of the individual
Ex) Always be honest or always protect the welfare of patients and clients |
|
|
Term
| Ethics code based upon teological justfication, include an example |
|
Definition
the study of the ends or purposes of things, focuses on the results or endpoints
ex) what will happen if you provide therapy to a friend or family member? what will be the outcome? |
|
|
Term
|
Definition
| their purpose is to inspire, not to set minimal standards of compliance, more deontologically based |
|
|
Term
|
Definition
| more teleologically based, specific must and must nots, a list of specific behavioral rules about a broad array of topics |
|
|
Term
| Must psychologists comply with both aspirational principles and mandatory standards? |
|
Definition
| no, only mandatory standards are mandatory, aspirational principles are meant to be a guideline |
|
|
Term
| If a psychologist is not a member of the American Psychological Association, is he free to disregard the Code of Ethics of that association? |
|
Definition
| Only those psychologists that belong to a professional association must comply with its ethics code or code of conduct, however, well over half of the states in this country have chosen to incorporate the APA Ethics Code into their laws, therby effectively endowing each of its regulatory standards with the force of law |
|
|
Term
| What actions might a patient take against a psychologist if she thinks he has behaved unethically? or illegally? |
|
Definition
| The three ways in which a complainant might seek redress are (a) initiating a complaint with the APA or state psychological association ethics committee, (b) initiating a complaint with the state licensing authority or (c) initiating a lawsuit against the psychologist. In some cases there would be a fourth option to initiate an in-house process |
|
|
Term
| What might the APA ethics committee require of a psychologist found to be in violation of an ethical standard? |
|
Definition
| Possible directives: cease and desist order requiring the psychologist to immediately stop the unethical conduct, supervision, education/training, evaluation/treatment, and probation |
|
|
Term
| What are the four sanctions that the APA ethics comittee might issue when imposing a punitive order against a psychologist who has violated an ethical standard? |
|
Definition
| Possible sanctions: reprimand, censure, expulsion, stipulated resignation |
|
|
Term
| Did the committee on Scientific and Professional Ethics accept ethics complaints for adjudication before an ethics code had ever been created by the APA? |
|
Definition
| Before a formal ethics code was developed, the APA created the temporary Committee on Scientific and Professional Ethics in 1938. This committee began to receive complaints of unethical conduct and handled them "privately and informally, with apparently good results" |
|
|
Term
| What was a major part of the impetus for increased psychological services at the end of World War II? |
|
Definition
| immediate need for treatment of returning troops by the Veterans Administration |
|
|
Term
| Describe the method by which the first ethics code was created |
|
Definition
| It was determined that a critical-incident method would be used, whereby each of the APA's 7,500 members would be invited to "describe a situation they knew of first-hand in which a psychologist made a decision having ethical implications, and to indicate...the ethical issues involved" |
|
|
Term
| How many times has the Code been revised since 1953? |
|
Definition
| 10 revisions since the publication of the original Ethic Code in 1953 |
|
|
Term
| What process did the ad hoc Committee on Ethical Standards in Psychological Research use to develop the Ethical Principles in the Conduct of Research with Human Participants? |
|
Definition
| This consisted of a two step process of (a) inviting APA members to supply ethical problems related to research as the raw materials for the synthesis of ethical principles and (b) revising these principles and eventually adapting them as formal rules that reflected the Association's input |
|
|
Term
| Give an example of multiple relationships involving business roles |
|
Definition
| having a patient who is your banker |
|
|
Term
| Give an example of multiple relationships involving personal roles |
|
Definition
|
|
Term
| Give an example of multiple relationships involving professional roles |
|
Definition
| having a multiple-role relationship with someone despite psychologists role as a professor, supervisor, consultant or researcher |
|
|
Term
| How did the 1992 revision of the Code address the topic of sexuality? |
|
Definition
| They prohibited the following behaviors: sexual harassment; sexual exploitation of students, supervisees, employees, research participants, and clients or patients; sex with students and supervisees in training, even at the student's initiative; sex with current patients or clients under any circumstances; psychotherapy with former sexual partners; and sex with former patients under any circumstances within a 2-year period following the formal termination of psychological treatment |
|
|
Term
| Why do you think a psychologist must not ask his or her patient for a testimonial to be used in an advertisement for clinical services? |
|
Definition
| they are vulnerable to undue influence |
|
|
Term
| Discuss the emerging use of the internet by psychologists and some of the emerging problems, from an ethical standpoint |
|
Definition
websites displaying resumes and offing psychoeducational materials for general consumption, psychological assessment and career counseling, counseling and psychotherapy by email
Emerging problems: dealing with a suicidal emergency, competence, confidentiality, informed consent, public statements |
|
|
Term
| Why was the 1992 revision of the Ethics Code considered a "major overhaul" concerning structure? |
|
Definition
| three major structural changes were made including: adding a seven-paragraph introduction to the entire document describing aspirational versus enforceanle rules of conduct and other general matters about application and the history of the Code, labeling each and every ethical standard with its own title, and adding a section in the beginning titled General Principles |
|
|
Term
| Why was the 1992 revision of the Ethics Code considered a "major overhaul" concerning content areas? |
|
Definition
| addressed areas that had been vague or ignored in prior editions: forensic matters, sexual relationships, teaching settings, research, informed consent |
|
|
Term
| Are psychologists obliged to comply with the General Principles? |
|
Definition
| The general principles are voluntary in nature; that is psychologists should ideally set their sights on these as guidelines while serving in their professional roles, but they are far too general to require compliance |
|
|
Term
|
Definition
| helping or assisting, to do good |
|
|
Term
|
Definition
|
|
Term
|
Definition
| the trust and commitment that psychologists hold toward those with whom they work |
|
|
Term
|
Definition
| individual accountability on the part of psychologists |
|
|
Term
| Why does Fidelity and Responsibility include providing informed consent at the outset of treatment? |
|
Definition
| they are responsible for making good on their word, that is, for carrying through on commitments, usually spelled out in a letter of agreement or contract, explaining the nature of the fiduciary relationship |
|
|
Term
|
Definition
| The quality of being honest and morally upright |
|
|
Term
| Practicing with integrity |
|
Definition
| avoiding deciving others or misrepresenting facts that psychologists are aware of or should be aware of in the course of carrying out their duties |
|
|
Term
| Give an example in clinical practice and in research where Integrity would be the dominant principle |
|
Definition
| a psychologist who bills a patient's insurance company for a psychotherapy session that did not happen |
|
|
Term
|
Definition
| justice requires that everyone has the same access to and is entitled to the same benefits from the contributions that psychology has to offer our culture |
|
|
Term
| What are some of the steps that a psychotherapist working in a lower socioeconomic setting might take, to honoring the general principle Justice? |
|
Definition
| offering reduced rates, offering bartering as an option for payments |
|
|
Term
| Give an example of a professor of psychology who fails to observe the values espoused in Respect for People's Rights and Dignity |
|
Definition
| Reading a student's grade out loud without their permission |
|
|
Term
| Respect for people's rights and dignity |
|
Definition
| rights of individuals to privacy, confidentiality, and self-determination |
|
|
Term
| Which psychologists are obliged to comply with the General Principles? |
|
Definition
| every member of the APA and every APA member practicing in a state that incorporates the APA Code of Ethics into state law |
|
|
Term
|
Definition
| Beneficence and Nomaleficence, Fidelity and Responsibility, Integrity, Justice, Respect for People's Rights and Dignity |
|
|
Term
|
Definition
| look for ways to help people |
|
|
Term
| individual therapist factors or individual skills |
|
Definition
| degree to which you can identify high-risk situations and follow the basic risk management elements (informed consent, documentation, and consultation) |
|
|
Term
|
Definition
| Clinical Risk =(PxCxD)/TF, where P = patient risk characteristics, C = context, D = disciplinary consequences, and TF = therapist factors |
|
|
Term
| High risk patients include |
|
Definition
| those who are diagnosed with serious personality disorders, have complex PTSD or dissociative identity disorders, report recovered memories of abuse, have been abused as children, present a serious risk to harm themselves or others, are ealthy or are involved in lawsuits or other legal disputes |
|
|
Term
| What specific traits make a patient high risk? |
|
Definition
| belief in one's entitlement to special treatment, a pattern of idealization and vilification of others, a pervasive inability to accept obective and constructive feedback, or the use of romantic seduction as a consistent strategy to express affection or closeness |
|
|
Term
|
Definition
| the total circumstances under which you are seeing the patient, including the settnig of the service and the type of service provided |
|
|
Term
|
Definition
| knowledge, skills, past experiences and emotional competencies |
|
|
Term
|
Definition
| the fund of information you have about a particular diagnosis or area of professional practice |
|
|
Term
| Your percieved personal skill inventory almost always will be _____ than your actual skill inventory |
|
Definition
|
|
Term
| What can augment your personal skill inventory? |
|
Definition
| having a strong "system of protection" such as a consultation group, consultant or other sources of high-quality feedback |
|
|
Term
| What can lower your individual therapist factors? |
|
Definition
| personal and professional stressors experinced during periods of life transitions (such as when moving or starting a new job), decline in physical and mental skills as a result in againg, physical illnesses or injuries |
|
|
Term
| Role of personal life in professional career |
|
Definition
| a strong personal life helps to counterbalance professional demands, psychologists can manage their lives best when they create a supportive environment to help deal with stressors and transitions |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| two institutions that regulate the practice of psychology |
|
Definition
| proactive and reactive controls |
|
|
Term
| At what level are licensing boards established? |
|
Definition
|
|
Term
| Common features of licensing boards |
|
Definition
| prosecution for events beyond those identified in the original complaint, respondents do not have the same due process as a criminal defendant |
|
|
Term
| standard used by the licensing board |
|
Definition
| whether the licensing law, its regulations, or other laws were violated |
|
|
Term
| disciplinary actions taken by licensing boards |
|
Definition
| disciplinary notices, suspended license, revoked license |
|
|
Term
|
Definition
| these associations have jurisdiction only over members of their associations not over all licensees, can issue disciplianry notices or remove an individual from the association, may report findings to state licensing board |
|
|
Term
|
Definition
| subject to statute of limitations, patient can bear some of the responsibility for the malpractice |
|
|
Term
| the presence of a malpractice suit has a _____ correlation with the occurrence of an adverse event |
|
Definition
|
|
Term
| what factors impact whether a patient will file a suit? |
|
Definition
| socioeconomic status, patient relationship, time spent on informed consent |
|
|
Term
| Trends in disciplinary actions |
|
Definition
| Ethics committees are adjudicating fewer cases, about 1% of psychologists each year are subject to either a licensing board complaint or malpractice action, while the incidence of malpractice for psychologists has been stable over the last 10 yaers the risk of a licensing board complaint has increased substantially during this same time period |
|
|
Term
| Possible reasons for fewer cases adjucated by ethics committees |
|
Definition
| many complaints are filed with both APA and licensing boards and APA frequently requires the licensing boards to finidh their adjudications before starting its own, APA now allows psychologists who have been charged with an ethics complaint to resign instead of having to go through adjudication, many ethics commiittees of SPTSs have discontinued adjudications and now focus only on education |
|
|
Term
| Most common types of disciplinary actions by APA ethics Committee |
|
Definition
| sexual misconduct, nonsexual multiple relationships, insurance and fee problems, child custody, confidentiality and practicing outside areas of competence |
|
|
Term
| most common types of infractions reported to licensing boards |
|
Definition
| sexual relationships, unprofessional conduct, coniction of crimes, fraudulent acts, improper or inadequate record keeping, breach of confidentiality, inadequate or improper supervision and impairment |
|
|
Term
| What to do if accused of misconduct |
|
Definition
| contact your professional liability insurance company, discuss situation only with your attorney or with their consent, do not communicate with patient |
|
|
Term
|
Definition
| more than just obeying the APA Ethics Code |
|
|
Term
| the most common disciplinary actions against psychologists are in the areas of |
|
Definition
| sexual boundary violations, nonsexual boundary violations, child custody, treatment and abandonment, supervision, and inadequate diagnosis |
|
|
Term
| Licensing board complaints are ____ frequent than malpractice suits or ethics committee complaints |
|
Definition
|
|
Term
| What is key to effective career management? |
|
Definition
| giving sufficient attention to your emotional competence, embedding oneself into a supportive professional community, remember the golden rule |
|
|
Term
| Three key elements of risk management |
|
Definition
| informed consent, documentation, and consultation |
|
|
Term
|
Definition
| refers to ethics as a way to promote patient welfare as opposed to the narrower view of ethics as a way to avoid diciplinary actions |
|
|
Term
| Two reasons ethical principles are relevant to the discussion of risk management |
|
Definition
(a) good risk management principles are based on ethical principlea; false or bad risk management principles contradict ethical principles
(b) ethical principles help guide behavior in situations in which laws or disciplinary codes do not give direction |
|
|
Term
|
Definition
| oblegations to society in general |
|
|
Term
| four types of situations in which the diciplinary ethics codes do notgive explicit direction |
|
Definition
(1) ethics codes in general, and specifically APAs, use qualifiers such as "reasonable" and "if appropriate" which indicate that you have to use your discretion in the application of that particular ethical principle
(2) the APA ethics code may be silent about how to act in an emerging area of practice
(3) the APA Ethics Code does not prescribe a specific course of action when institutional policies or laws conflict with the requirements of the Ethics Code or with each other
(4) the APA Ethics Code does not describe your superogatory obligations (self-imposed obligations to go beyond the minimum standards of the profession) |
|
|
Term
| Effect of key elements of risk management on RM formula |
|
Definition
| can have a positive effect |
|
|
Term
| Requirement of informed consent |
|
Definition
| person has the ability to give consent, when patients are not legally capable of giving informed consent, psychologists seek to obtain their assent or general agreement with treatment |
|
|
Term
| minimum content of the informed consent process established by |
|
Definition
| governing authorities and by research on the informational preferences of patients or prospective patients |
|
|
Term
| minimum content of the informed consent process according to APA Ethics Code |
|
Definition
| limits of confidentiality, the nature of therapy, and fees |
|
|
Term
| information valued by former patients and nonpatients about the therapy process |
|
Definition
| procedural issues and billing issues |
|
|
Term
| Documenting informed consent |
|
Definition
| informed consent must be documented, psychologists who do not use informed consent forms should document the informed consent procedure in their notes |
|
|
Term
| Informed consent as a process |
|
Definition
| although it is still necessary to give patients information, informed consent in psychotherapy is best viewed as an ongoing interactive process and not a one-time event |
|
|
Term
| what should the informed consent process focus on |
|
Definition
| what the average person would want to know under the circumstances |
|
|
Term
| Patient factors to be discussed in informed consent |
|
Definition
| diagnosis (or treatment needs), interpersonal qualities of the patient, iatrogenic problems with some patients, impact of therapy on significant others |
|
|
Term
| Informed consent and contextual factors |
|
Definition
| experimental or unconventional treatments, families in high-conflict situations, third-party assessments and forensic services |
|
|
Term
| Informed consent and individual therapist factors |
|
Definition
| some self-disclosure, such as the nature of the training and expertise of the psychologist, would appear appropriate as part of any informed consent process; appropriate to disclose any potential conflicts of interest or potential multiple relationships |
|
|
Term
|
Definition
| good record keeping assists you in treatment by refreshing your memory, justifying payment to third-party payers, creating a record that you can send to future or current health providers, protecting you in the event that there are allegations of misconduct and meeting requirements for agency reviews or accreditation |
|
|
Term
|
Definition
| the habitual and judicious use of communication, knowledge, technical skills, clinical reasoning, emotions, values and reflection in daily practice for the benefit of the individual and community being served |
|
|
Term
| Records in disciplinary actions |
|
Definition
| courts will generally assume that events occurred the way the records described them |
|
|
Term
| location of minimal standards for documentation |
|
Definition
| APA Ethics Code in standards 6.01 and 6.02 |
|
|
Term
| minimum requirements of documentation |
|
Definition
| evaluation summary, treatment goals, session notes that demonstrate the thinking process of the professional in making treatment decisions |
|
|
Term
| recomendations about records |
|
Definition
| good records are comprehensive, always document consent, write records objectively whenever possible, create records with the expectation that the patient will someday read them, indicate the sources and reliability of information, records should be substantive and the content should be related to the overall treatment goals, records should be retrievable and legible |
|
|
Term
| documentation and patient factors |
|
Definition
| should include information about the patient and should increase as the presence of high-risk patient characteristics increases |
|
|
Term
| documentation and contextual factors |
|
Definition
| should include information on the context of treatment, such as whether patient was being seen under duress, the expectations of the patient for treatment, and other factors |
|
|
Term
| documentation and individual therapist factors |
|
Definition
| documentation has its clearest impact here, helpful to include a patient in the documentation process, it is important to describe what you did and did not do and why you did not do it |
|
|
Term
| what impacts the type of consultation you seek |
|
Definition
| patient characteristics, context of treatment, individual therapist factors |
|
|
Term
| difference between consultation and supervision |
|
Definition
| in consultation the psychologist retains the independent ability to make decisions about a patient, in supervision the superisor acutally directs the treatment of an individual who lacks the legal authority to act independently |
|
|
Term
| Situations in which to seek consultation |
|
Definition
| patients with high-risk characteristics, case-specific assistance, therapeutic impasse, when you have reason to perceive an increase in legal risks, when there is danger to self or others, or when you have strong reactions (pos or neg) toward a patient |
|
|
Term
| Who is most likely to recieve disciplinary actions |
|
Definition
|
|
Term
|
Definition
| Medical/medication needs; Overall management of the case; Specific concerns; Therapeutic alliance; Crisis intervention plans in case of an emergency; Alternative, adjunctive, or additional treatments; Risk/benefit analysis; Ethical or legal considerations |
|
|
Term
|
Definition
| For adolescents; Presenting problem, Antecedents and consequence, Identification of goals, strengths and weaknesses, Noting the context and Treatment data |
|
|
Term
|
Definition
| a deviation from sound medical practice that is induced primarily by a threat of liability including assurance and avoidance behaviors |
|
|
Term
|
Definition
| supplying additional services of marginal or no value |
|
|
Term
|
Definition
| refusing to treat certain patients only because they have a higher risk of filing an allegation of misconduct against you |
|
|
Term
| Distributive justice and moral principles |
|
Definition
| the moral principle of distributive justice suggests that you should make a special effort to treat those needing treatment, those who ther heal care providers might avoid. However, the moral principle of distributive justice needs to be balanced wih the moral principles of beneficence and nonmaleficence |
|
|
Term
| Purpose of informed consent |
|
Definition
| (a) maximize patient participation in the treatment process, (b) aoid creating a sense of betrayal, (c) explain office policies, (d) explain billing and payment policies ahead of time |
|
|
Term
| Informed consent is a _____ |
|
Definition
|
|
Term
| When is informed consent especially important? |
|
Definition
| when conducting evaluations with consequences |
|
|
Term
| When are consultations most effective? |
|
Definition
| when you select someone who is objective and willing to be critical of what you have done and who views things from a different perspective and values patient welfare above sparing your feelings |
|
|
Term
| Three factors involed in competence |
|
Definition
| Knowledge, technical skills, emotional competence |
|
|
Term
|
Definition
| according to the unique needs of your patients, context of treatment and your life circumstances |
|
|
Term
| What should you do if you have been treating a patient who begins to present a condition that you do not feel competent to treat? |
|
Definition
| discuss the matter with an experienced colleague |
|
|
Term
| What to do if you accept a patient with extra needs? |
|
Definition
| appreciate the emotional and time demands that they will place on you, many psychologists restrict themselves to only one or two such patients at any given time |
|
|
Term
| What are the potential risks of neglecting self-care? |
|
Definition
| being more prone to disrespecting patients, denigrating the importance of work, feeling an array of sysphoric emotions, or making more clinical mistakes |
|
|
Term
| When is compassion fatigue most likely to occur? |
|
Definition
| when treating patients who have had severe traumas or who otherwise have great personal needs |
|
|
Term
|
Definition
| reflected in defensive, therapeutically destructive coping strategies and demoralization |
|
|
Term
|
Definition
| characterized by constructive invovement, affirmative invovement in work and flow during therapy sessions |
|
|
Term
| What happens when a psychologist is unable to meet the minimum requirements of their profession as a result of physical or mental disabilities? |
|
Definition
| many licensing boards or state psychological associations have developed colleague assistance programs. Generally provide a means for impaired psychologists to receive tratment and offer the option that they can continue in or return to professional service |
|
|
Term
| Competence with diverse populations |
|
Definition
| everyone who requests mental health serices should be able to recieve them from someone who understands his or her culture. you should be aware of the unique needs or persepectives of patients who are from dierse religious backgrounds, are members of sexual minorities, or have physical and mental disabilities, and you should strive to learn from such patients about their special cultural expressions that may interact with your mental health services |
|
|
Term
| Ways to maintain competence and develop professional skills |
|
Definition
| #1 is interaction with colleagues, continuing education workshops, newsletters, professional and scientific conventions and journal articles |
|
|
Term
|
Definition
| failure to maintain one's competence |
|
|
Term
|
Definition
| the patient should be a part of the treatment team and should feel free or encouraged to help direct his treatment by identifying goals, giving feedback on what works and what doesn't work and more; psychologists should, when appropriate, involve family members or significant others in the treatment process; psychologists should be part of an ongoing consultation grou that will give feedback on their general skill level, needs of particular cases and ongoing professional development in assessment and treatment; should provide yourself with a redundant system of protection when possible (possible to view the three essential components of RM as a method of increasing redundant systems of protection) |
|
|
Term
| Where should you focus your further education? |
|
Definition
| situations, patients or problems that you are most likely to encounter in your practice |
|
|
Term
| General rule for stepping outside your areas of competence |
|
Definition
| seek consultation or guidance first |
|
|
Term
| How to move into new areas of practice |
|
Definition
| can aquire a specialty or proficiency credential from a well-respected organization, self-assessment |
|
|
Term
| Some questions to ask in self-assessment before moving to new areas of practice |
|
Definition
| do I have the necessary basic scientificknowledge, basic knowledge of interventions, technical skills in implementing interventions, and knowledge of the unique features of the professional context |
|
|
Term
| APA Ethics Code guidelines from moving into new areas of practice |
|
Definition
| undertake relevant education, training, supervised experience, consultation or study |
|
|
Term
| Psychopharmacology in therapy |
|
Definition
| you need to know enough about the proper use of psychotropic medications so that you can discuss those treatment options with patients, you will be in a position to moitor your patients responses to medication, and if necessary, communicate your observations to the treating psychoparmacologist |
|
|
Term
|
Definition
| is this a fad or innovation? |
|
|
Term
| Alternative or complimentary treatments involving herbal remedes or touch |
|
Definition
| herbal remedies dose not standardized, herbs may interact with other drugs, consult with prescribing professional or physician first. touch can lead to charges of inappropriate touching, boundary violations, negligence or sexual misconduct |
|
|
Term
|
Definition
| the Constitution, statutes enacted by the legislature, regulations promulgated by administrative agencies and decisions made by courts |
|
|
Term
|
Definition
| supreme law of the land, no law may conflict with the constitution, touchstone by which a law will be deemed legitimate or illegitimate |
|
|
Term
|
Definition
| written by the legislature whoem we elect; the united states congress is the legislature for the federal government, can also be written without the aid of legislature |
|
|
Term
|
Definition
| written by different groups of people, often those in charge of agencies, such as the California Department of Mental Health and the FDA; generally the legislature writes a statute authorizing the agency to write its regulations |
|
|
Term
|
Definition
| laws found in court decisions, generally written by appellate courts |
|
|
Term
|
Definition
| a case law that has developed over a long time--many centuries in fact |
|
|
Term
| Two appellate courts in California |
|
Definition
| The California Court of Appeal and the California Supreme Court |
|
|
Term
| Which is the highest of the three tiers in the state's judicial system? |
|
Definition
|
|
Term
|
Definition
| not considered law, written by private associations and may be amended without the consent or approval of an elected representative, judge or government employee, establish standards of conduct for profession, according to CA law, may be used as a guide for regulatory boards |
|
|
Term
| Who writes statutes for California law? |
|
Definition
|
|
Term
| Who writes statutes for federal laws? |
|
Definition
|
|
Term
| California statutes referred to as |
|
Definition
| e.g. Welf. & Inst. Code 5150 |
|
|
Term
| California regulations referred to as |
|
Definition
| e.g. 15 Cal. Code Regs. 1207 |
|
|
Term
| California cases referred to as |
|
Definition
| e.g. 54 Cal. 3d 56 (1991) or 5 Cal. App. 3d 584 (1991) |
|
|
Term
| Which two aspects of our legal system apply to the Tarasoff case? |
|
Definition
| how the law views legal obligations to third parties and the concept of negligence |
|
|
Term
|
Definition
| the sort of mistake that gives rise to lawsuits in civil, as opposed to criminal, courts |
|
|
Term
| four D's of a malpractice lawsuit |
|
Definition
| Dereliction of a Duty Directly causing Damages, if any one is missing the lawsuit cannot proceed |
|
|
Term
| What care is considered reasonable? |
|
Definition
| care that is within the standard of practice of an average member of an average member of the profession practicing within her speciality |
|
|
Term
| What are the two questions involved in the question of duty? |
|
Definition
| What duty is owed? To whom is the duty owed? |
|
|
Term
|
Definition
| The mental health professional must provide care that is reasonable, if the care falls below what is reasonable, the mental health professional is derelict |
|
|
Term
| Facts of the Tarasoff case |
|
Definition
| Poddar sought treatment for his obsession with Tatianna Tarasoff. Was seen first at the student health center and began treatment with Dr. Moore who he told he was going to kill a girl readily identifiable as Tatianna. Moore contacted police, but Poddar was released after promising to stay away from Tatianna. On October 27th he killed Tatianna |
|
|
Term
| Claim of Tatianna's parents against Dr. Moore |
|
Definition
| the treaters had been derelict in their duty to warn Tatianna of Poddar's threat, a dereliction that directly caused Tatianna's death |
|
|
Term
| Possible implications of the Tarasoff case |
|
Definition
| If Tatianna's parents were to prevail, therapists could have a duty toward people with whom they had no professional relationship, perhaps whom they had never met or seen |
|
|
Term
|
Definition
| an individual or an organization who, while neither plantiff nor a defendant, nevertheless has an interest in the outcome of a case |
|
|
Term
|
Definition
| could give rise to affirmative duties toward third persons in cases where a third person is the foreseeable victim of some harm |
|
|
Term
|
Definition
| by virtue of Dr. Moore's "special relationship" to Poddar, Dr. Moore owed a duty to Tatianna, the foreseeable victim of Poddar's harm. The Tarasoff case held that the duty a therapist owes to third parties is the duty to protect, not the duty to warn. Before the case could make it back to the trial court the parties reached a settlement for a sum of money and as a consequence no clinician involved in Poddar's care was ever held liable for negligence in a court of law |
|
|
Term
| Must a therapist know exactly who the potential victim is before a duty to protect arises? |
|
Definition
| In some cases it would be unreasonable to interrogate the patient to discover the victim's identity or to conduct an independent investigation. But there may also be cases where a moment's reflection will reveal the victim's identity. Therefore it depends on the circumstances of each case and should not be governed by any hard and fast rule |
|
|
Term
| Which two values were pitted against each other in the Tarasoff case and which one won in the end? |
|
Definition
| Confidentiality and public safety. Public Safety won |
|
|
Term
| What is the foundation of the Tarasoff ruling |
|
Definition
| confidentiality must yield to public safety |
|
|
Term
| Which legislature decided the Tarasoff case and what was the consequence of this? |
|
Definition
| The California Supreme Court. The Tarasoff ruling became the law of the state |
|
|
Term
| Which legislature decided the Tarasoff case and what was the consequence of this? |
|
Definition
| The California Supreme Court. The Tarasoff ruling became the law of the state |
|
|
Term
| Five elements of the Tarasoff law |
|
Definition
1. the statute extends to "any person who is a psychotherapist as defined in Section 1010 of the Evidence Code"
2. Psychotherapists are not subject to monetary liability for failing to warn, to protect or to predict, EXCEPT under the specific circumstance identified in the statute
3. The statute limits liability to specific circumstances in two realms: that of failing to warn and to protect a victim and that of failing to predict a patient's violence
4. indicates the conditions under which a therapist has an affirmative duty to act
5. specifies how a clinician can satisfy her duty to warn and protect: the therapist must make reasonable efforts to communicate the threat to the potential victim or victims and to a law enforcement agency |
|
|
Term
| What conditions must be met in order for a duty to arise under clause (a)of the Tarasoff law? |
|
Definition
| (1) the patient must have communicated to the psychotherapist a threat of physical violence (2) the threat must be serious (3) the victim or victims must be reasonably identifiable. Only when all three conditions are met does the therapist have a duty to protect and to warn a potential victim |
|
|
Term
| Psychotherapists as defined by 1010 of the Evidence code |
|
Definition
| Psychiatrists, licensed psychologists, licensed clinical social workers, Licensed marriage, family and child counselors, state credentialed school psychologists, supervised assistants, interns, trainees, and students engaged in clinical work, registered nurses who possess a master's degree in psychiatric mental health nursing, individuals providing mental health services under Family Code 6924 |
|
|
