Duty to Warn
A clinician's legal and ethical obligation to take steps to protect an identifiable third party when a patient has made a credible threat against that person.
Full Definition
The duty to warn principle originates from the landmark Tarasoff v. Regents of the University of California (1976) ruling and has since been codified in various forms across U.S. state statutes. It requires mental health clinicians to breach confidentiality and warn a potential victim and/or notify law enforcement when a patient presents a serious, credible threat of harm to an identified individual. Editors working on clinical policies, training materials, or legal correspondence must capitalize 'Tarasoff' when referenced by name and should not conflate the duty to warn with the broader duty to protect, which may also include hospitalization steps.
Usage
Usage note: Not hyphenated when used as a noun phrase ('the duty to warn'). Hyphenate when used as a compound modifier before a noun ('duty-to-warn obligation'). Do not equate with 'mandated reporting,' which concerns child/elder abuse, not threats to third parties.
In Context
- "The clinical supervisor's consultation note documented the steps taken to fulfill the duty to warn after a patient made explicit threats against a named individual." — Clinical consultation note
- "Policy documents must distinguish duty to warn from mandated reporting, as both involve confidentiality exceptions but under different legal frameworks." — Agency policy document