From pretty much anything, a formal legal action could result. Regardless of how mindful you are, it is always best to be safe than sorry. For practitioners that actually work with a "low risk" populations, mental health liability insurance is a must. Mental health providers need to worry about the chance of a client committing suicide or injuring others. Considering that mental health professionals are mandated reporters, they often risk a lawsuit by not keeping with legal and ethical obligations to report the following: child or elder abuse/neglect, threat of harm to self, or threat of harm to other people.
Clients can easily become angered for a number of reasons. Since they are mandated to report questionable behavior involving abuse or neglect, mental health practitioners are required by law to report this sort of behavior even if they do not have concrete evidence. As analysis must be conducted when a client threatens to harm themselves and the doctor has specific guidelines they must adhere to. By way of example, a client with a in depth plan for suicide has to be analyzed in an inpatient setting. However, a client which could mention harm to self in passing , for instance saying something to the effect of, Im so upset I wouldnt mind getting run over by a bus! may not be deemed to need emergency medical treatment. A mental health professional however, might be found responsible for those people with very clear intent on harming themselves or others and a problem results.
In the now notorious Tarasoff case, a man told his mental health provider that he planned to kill his ex-girlfriend. That patient carried out his plan regrettably. The practitioners responsibilities to report an individual who threatens to harm others was a lot more clearly defined. If a client reports that he or she promises to harm others in a clear and concise manner, the professionals may break the confidentiality at that point. The practitioner is by law compelled to alert the police as well as the targeted potential victim. Nonetheless, things are not really so clear-cut. For instance, a client might exclaim, My coworker annoys me so much I simply want to run him over with my car! in a joking manner. If the client has no known history of erratic behavior or violence, the provider might not deem the client a danger to others. The confidentiality would not have to be broken at that point by the professional. In yet other situations, a client might ramble and make vague threats. When the threat is uncertain, the practitioner would not be able to logically alert law enforcement of a risk to others.
Since no potential victims are revealed, the same holds true as far as the physician goes. While terrible at times, this can be a catch-22. A person with a history of impulsive behaviors and violence might make a threat to harm others, but what preventative measures could the cops or practitioner take? In the event a person that is considered dangerous has made a obscure threat to harm other people, all a mental health professional can do is hope. Alternate measures can be made to put the patient in a safe place, but much might still be left to chance. If needed, mental health liability insurance can assist professionals. When an action that was not the fault of the provider results in a lawsuit, having the proper insurance coverage is vital to cover legal fee and other related expenditures. Better safe than sorry is the best way to think about it. With the best insurance, you would be protecting yourself against any legal implications that could result down the line at some point.
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