Medical Care: A Challenge Not Yet Solved
ago, many lawyers will remember the
Tarasoff case,
the limits of a patient's expectation of
confidentiality when seeking advice
from a health professional. As recent
developments in Australia show, the
balancing exercise between confidentiality
and the patient's potential risk to the
community has become no easier, and its
significance may now be heightened by
the scope for the risk to the community
many, rather than a risk to an individual.
In
a relationship with Ms. Tarasoff. Her
views regarding the relationship were
not the same as those of Mr. Poddar. He
apparently began to stalk her and he
became increasingly depressed. He came
under the care of a psychologist to whom
he confided his plan to kill Ms. Tarasoff.
In due course he was detained for mental
health reasons, before being released. The
psychologist did not warn Ms.Tarasoff of
the risk to her, and she was ultimately
killed by Mr. Poddar.
The litigation was brought by the
parents of the late Ms. Tarasoff, alleging
negligence on the part of the psychologist
and others who had treated Mr. Poddar.
It was ultimately successful, with the
majority of the Court holding that the
the confidential character of patient-
psychotherapist communications must
yield to the extent to which disclosure is
essential to avert danger to others. The
protective privilege ends where the public
peril begins.
The
page on Wikipedia.
disappeared.
In April 2017, a Coroner in the
State of Victoria, Australia, published
findings in an inquest into the death of
Ms. Adriana Donato in 2012.
school friend, James, which she ultimately
ended. James did not cope well and came
under the care of a psychologist. In a
sad parallel to the Tarasoff matter, he
ultimately stabbed and killed Ms. Donato.
& O'Dea Lawyers. He is an Adjunct Fellow at
the Western Sydney University, School of Law
and writes a medical and health law blog:
billmaddens.wordpress.com/ (also on twitter
@billmadden.com). Soon to be released is a third
edition of Bill's co-authored book "Australian
Medical Liability," published by LexisNexis.
assisted in the preparation of this article.
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111 Elizabeth Street
Sydney NSW 2000
Australia
codea.com.au