Citation

Isele WP. Prof. Psychol. Res. Pr. 1975; 6(4): 399-412.

Copyright

(Copyright © 1975, American Psychological Association)

DOI

10.1037/0735-7028.6.4.399

PMID

unavailable

Abstract

Examines, from a legal standpoint, the extent of liability and the duties to society arising out of the treatment of psychiatric patients. An historical approach traces the attitudes of courts from the heavy emphasis on the custodial role of the professional to a recognition of the need for therapeutic discretion. Issues related to the professional's duty to the patient and his duty to the public at large are examined, and the balancing of these duties is pointed out as the factor most prominent in the rendering of a legal decision of liability. The reasoning behind the legal rules established by courts is discussed to explain the legal "tests" the professional will face if he finds himself in court to answer for the violent actions of a patient. Respect for sound professional judgment is shown as the trend developing in modern courts. (PsycINFO Database Record (c) 2006 APA, all rights reserved)