Professional Documents
Culture Documents
II.
Shanee
Thurston
Shana
Reasoner
Mohammed
Alanazi
April
13,
2015
HCM
388
Tarasoff
v.
Regents
of
the
University
of
California
Procedure.
a. Who
are
the
parties?
Tatiana
Tarasoff
Prosenjit
Poddar
Tatianas
parents
(Plaintiffs)
Doctors
Powelson,
Moore,
Gold,
Yandell
and
Regents
of
the
University
of
California
(Defendants)
Officers
Atkinson,
Brownrigg,
and
Halleran
b. Who
brought
the
action?
The
parents
of
Tatiana
Tarasoff
c. In
what
court
did
the
case
originate?
This
case
originated
in
the
appellate
court
which
was
the
Superior
Court
of
Alameda
County
in
California.
d. Who
won
at
the
trial-court
level?
The
judgement
of
the
Superior
Court
was
in
favor
of
the
defendants.
e. What
is
the
appellate
history
of
the
case?
Tatianas
parents
appealed
the
case
by
taking
it
to
the
California
Supreme
Court.
Facts.
a. What
are
the
relevant
facts
as
recited
by
this
court?
1. On
August
20,
1969,
Poddar
was
a
voluntary
outpatient
receiving
therapy
at
Cowell
Memorial
Hospital.
2. Poddar
informed
Moore,
his
therapist,
that
he
was
going
to
kill
an
unarmed
girl,
readily
identifiable
as
Tatiana,
when
she
returned
home
from
spending
the
summer
in
Brazil.
3. Moore,
with
concurrence
of
Dr.
Gold,
who
had
initially
examined
Poddar,
and
Dr.
Yondell,
assist
to
the
director
of
the
department
III.
Issues.
a. What
are
the
precise
issues
being
litigated,
as
stated
by
the
court?
Failure
to
Detain
a
Dangerous
Patient
and
Failure
to
Warn
on
a
Dangerous
Patient.
b. Do
you
agree
with
the
way
the
court
has
framed
those
issues?
Yes,
I
agree
with
the
way
the
California
Supreme
Court
framed
the
issues
because
they
remanded
the
case
and
concluded
that
they
had
a
duty
to
disclose
the
foreseen
dangers
of
the
patient
(Poddar)
posed
on
Tatiana.
IV.
Holding.
a. What
is
the
courts
precise
holding
(decision)?
The
courts
hold
that
that
a
doctor
is
liable
to
persons
infected
by
his
patient
if
he
negligently
fails
to
diagnose
a
contagious
disease,
or,
having
diagnosed
the
illness,
fails
to
warn
members
of
the
patients
family.
b. What
is
its
rationale
for
that
decision?
Once
a
therapist
does
in
fact
determine,
or
under
applicable
professional
standards
reasonably
should
have
determined,
that
a
patient
poses
a
serious
danger
of
violence
to
others,
he
bears
a
duty
to
exercise
reasonable
care
to
protect
the
foreseeable
victim
of
that
danger.
c. Do
you
agree
with
that
rationale?
Yes,
I
agree
with
the
rational
because
Tatianas
life
could
have
been
spared
if
she
or
someone
close
to
her
was
notified
that
he
wanted
to
kill
her.
V.
Implications.
a. What
does
the
case
mean
for
healthcare
today?
Several
cases
have
helped
shape
healthcare
today,
Tarasoff
v
Regents
is
no
do
different.
Healthcare
providers
have
a
more
conscious
responsibility
to
warn
their
patients
now,
due
to
this
case.
b. What
were
its
implications
when
the
decision
was
announced?
Once
the
decision
was
announced
for
this
case
the
responsibility
of
a
counselor
or
therapist
to
breach
confidentiality
if
a
client
or
other
identifiable
person
is
in
clear
or
imminent
danger
became
very
apparent.
c.
How
should
healthcare
administrators
prepare
to
deal
with
these
implications?
Healthcare
administrators
now
have
a
duty
to
warn
their
patients.
They
should
expect
the
worst
outcome
if
they
dont,
seeing
how
this
case
shaped
the
moral
standing/responsibility
for
healthcare
providers.
d. What
would
be
different
today
if
the
case
had
been
decided
differently?
Providers
wouldnt
have
a
duty
or
responsibility
to
warn
their
patients
if
the
verdict
of
this
case
was
different.
Although
not
all
providers
are
after
money.
However
some
would
probably
prey
on
helpless
and
confused
patients.
Many
of
lives
may
have
been
lost
due
to
the
lack
of
information
and
knowledge.