Tarasoff v. Regents of University of California

In Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425, the patient did not name his intended victim but she was "readily identifiable." The court indicated what it meant by "readily identifiable" in a footnote in which it recognized that it would be unreasonable to require the therapist to interrogate the patient or to conduct an independent investigation to discover the patient's intended victim's identity. On the other hand, it stated that there are cases in which a "moment's reflection" will reveal the victim's identity. In such cases, the court indicated that the therapist had a duty to protect that person from the danger presented by his patient. ( Id., at p. 439, fn. 11.) In applying the holding in Tarasoff, courts should be cautious not to construe it too broadly. The Supreme Court recognized the difficulty a therapist encounters in attempting to forecast whether a patient presents a serious danger of violence. The therapist need not render a perfect performance but merely exercise "'that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of that professional specialty under similar circumstances.'" (17 Cal.3d at p. 438.) The therapist is not liable for the injuries caused by his patient if his judgment proves wrong, so long as it was reasonable under the circumstances. "Within the broad range of reasonable practice and treatment in which professional opinion and judgment may differ, the therapist is free to exercise his or her own best judgment without liability; proof, aided by hindsight, that he or she judged wrongly is insufficient to establish negligence." ( Id., at p. 438.) The therapist's duty is further limited by his patient's interest in privacy. The psychiatrist's duty to preserve the privacy of his patient requires that he not disclose a confidence of his patient "unless such disclosure is necessary to avert danger to others." ( Id., at p. 441.)