1. Does a psychiatrist have a duty to warn a person that his patient made a threat against that person?
2. The wife of the deceased sued on the basis of wrongful death. It was negligence resulting in wrongful death. It was based on the negligence of the doctor, which puts it under 4590i.
3. The court was unwilling to recognize a duty and was concerned about confidentiality issues.
4. The court declined to follow Tarasoff since they found the answer in the statute and the communication privilege. There was a permission to disclose to law enforcement, but not required. They took this further and speculated as to the position of the doctor if he did tell? liability to the patient if you tell v. liability to the 3rd person if you do not tell.
5. The doctor is to remember that there is a statute, which may be breached. If you do, though, the doctor is on his own. The exceptions are not really encouragement to the health care provider.
6. The state believes that confidentiality is a very important issue to protect. This is an example of the philosophy of this kind of concern.
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