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Clinical Atlas Prestige · Evidence-first

Psych VivasForensic psychiatry — duty to warn and third-party risk

Psych Vivas · Forensic psychiatry — duty to warn and third-party risk

Duty to warn and third-party risk — structured clinical viva

Fellowship viva on Tarasoff principles, confidentiality limits, protective options, jurisdiction humility, and documentation.

clinical
On this page & tools

Target exams

FRANZCPMRCPsychABPNMD-DNB

Target exams

FRANZCPMRCPsychABPNMD-DNB
Prompt
You are the psychiatry registrar. A 35-year-old outpatient with bipolar disorder, currently manic with psychotic features, says he will 'deal with' his boss tomorrow with a baseball bat kept in his car. The boss is named. He insists you keep this secret. Discuss Tarasoff warn vs protect principles, Appelbaum's model, how you assess, what protective steps you take tonight, how jurisdiction variation affects your answer for FRANZCP vs ABPN framing, minimum disclosure, documentation, alliance repair, and why diagnosis alone is not the duty trigger. How do you answer if the examiner asks for the exact Mental Health Act section?

Interpretation

Reveal interpretation

Do not invent statute numbers. If asked for a section, say you would verify the current local Mental Health Act criteria and organisational policy, and answer with principles: mental disorder, risk to others, least restrictive alternative, capacity interfaces, rights to review.[3][4]

Warn vs protect. Tarasoff I teaching: duty to warn identifiable victims. Tarasoff II: duty to protect via reasonable steps — warning is one tool among hospitalisation, police notification, means control, intensified treatment.[1][2][3]

Appelbaum model. (1) Assess dangerousness — named boss, bat in car, tomorrow, manic psychosis. (2) Select protective course — likely emergency containment plus disclosure. (3) Implement and document.[1]

Tonight's actions. Safety of clinic; prevent free departure if imminence high and lawful options exist; seek admission (voluntary if safe/possible; compulsory if criteria met); remove bat access via lawful help; treat mania/psychosis; notify police and warn boss with minimum necessary information; clear crisis plan. Police response varies — communicate actionably.[3][5]

Jurisdiction framing. ABPN: expect US state variation discussion (mandatory/permissive/limited duty). FRANZCP: ethics codes, privacy exceptions, local MHA — not California statute export. Multi-board answers score humility plus concrete clinical action.[4][2]

Alliance. Explain you cannot keep a secret that enables serious harm; care continues; warning may strain trust — repair explicitly.[6]

Diagnosis ≠ duty. Mania raises risk pathway here because of specific threat, means, and target — not because bipolar disorder automatically voids confidentiality.[7][1]

Key points

Protect is broader than warn

Reasonable steps include treat, contain, notify, and warn — not notification alone.

Appelbaum triad

Assess → choose action → implement/document.

No invented sections

Principles plus verify local law; multi-board humility is an exam skill.
[1] [3] [4]

References

  1. [1]Appelbaum PS Tarasoff and the clinician: problems in fulfilling the duty to protect Am J Psychiatry, 1985.PMID 3976915
  2. [2]Anfang SA, Appelbaum PS Twenty years after Tarasoff: reviewing the duty to protect Harv Rev Psychiatry, 1996.PMID 9384976
  3. [3]Knoll JL The psychiatrist's duty to protect CNS Spectr, 2015.PMID 25712614
  4. [4]Johnson R, Persad G, Sisti D The Tarasoff rule: the implications of interstate variation and gaps in professional training J Am Acad Psychiatry Law, 2014.PMID 25492073
  5. [5]Guina J, Dornfeld B, Pinals DA A 20-year follow-up survey of police officers' experience with Tarasoff warnings: How law enforcement reacts to clinicians' duty to protect Behav Sci Law, 2022.PMID 35195297
  6. [6]Binder RL, McNiel DE Application of the Tarasoff ruling and its effect on the victim and the therapeutic relationship Psychiatr Serv, 1996.PMID 8916238
  7. [7]Large MM, Ryan CJ, Nielssen OB Helpful and unhelpful risk assessment practices Psychiatr Serv, 2010.PMID 20439381