Confidentiality Obligation: A Case Study

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We must understand the code of ethics which tells us that a therapists have a duty to keep secret any knowledge obtained in the exercise of their profession. From a legal perspective, which is intended to protect the confidentiality obligation is the right to privacy regarding private information that an individual receives from another depending on the exercise of their profession. Confidentiality refers to an established relationship on faith or trust.
Speaking of confidentiality and professional secrecy of special situations that merit consideration as they pose ethical and legal challenges to the therapist as the duty of confidentiality is not absolute current and potential risks to third parties. Therapists have an ethical and legal duty
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The duty of protection extends to provide adequate means to preserve the patient 's life. Before the suicide attempt, procedurally different issues will arise to reveal in these cases are often based on these questions: If suicidal thoughts were of knowledge of the therapist. If the therapist properly assessed suicide risk. If suicide or the attempt may have been triggered or facilitated by a technical wrongly applied. If any biological, psychological or social action was taken in knowledge of suicidal ideation to prevent suicide within reason.
While there is widespread agreement that suicidal behavior is difficult to predict, therapists may be held liable in the absence of assessment of suicide risk.
Suicide risk assessment is a continuous and dynamic process that requires a thorough knowledge of the patient. Each case is unique. However, when trying to determine the potential suicidal course of action and preventive, as a therapist may be helpful to ask the following questions:
Does the idea of suicide is old or recent onset?
Have you had any previous suicide attempt?
Is a plan about, how and when?
Do you have available means to carry out their
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The basis of the current doctrine laid the case that gave rise in 1969 the "Tarasoff Doctrine". When a patient was not suicidal but homicidal. Poddar her boyfriend promised not would approach Tarasoff, doctors determined that there was no need for hospitalization and let him go, two months after I kill Tatiana Poddar. The debates that this case gave rise to the current doctrine that is a duty of the psychologist, therapist or psychiatrist, to break the professional secrecy when disclosure involves risk of harm to third parties or themselves. Medical secrecy ends where the danger to the community begins. A recent review of trials of psychologists in the United States indicates that while the breach of confidentiality to warn potential victims exposed psychologists to receive complaints, they should break the secret to avoid liability in cases of violence.
When it comes to assessing the professional responsibility of psychologists in violence to others in general justice takes into account: The foreseeability of damage (E.g. verbal to an identifiable victim threat) the ability to identify the potential victim. The viability of the therapist 's intervention. To break the confidentiality and fulfill this "duty to protect" should be a reasonable cause. (Richard Niolon

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