Duty To Warn Research Articles

Duty to Warn 4.0.

Muller, Lynn S. JD, BA-HCM, RN, CCM; Fink-Samnick, Ellen MSW, ACSW, LCSW, CCM, CRP Author Information

Warning: A Post-Sale Duty to Warn Targets Small Manufacturers Account

The majority of states now obligate manufacturers to warn about dangers of their products that are discoverable after the sale. Commentators and courts have been hesitant about this obligation because of the potential burden it puts on manufacturers—the costs of identifying users and warning them of the danger. The consensus is that only a factually dependent post-sale duty to warn should exist, obligating manufacturers to warn only if a reasonable manufacturer would do so. A reasonable manufacturer, of course, would warn only if the danger to be warned of justifies the costs of the warning. This Article is the first to identify a problem with a factually dependent post-sale duty to warn—it will most likely result in liability for small manufacturers, but not large manufacturers. This is because the costs of issuing the warning for a small manufacturer will always be smaller than for a large manufacturer. This Article is also the first to argue that a factually dependent post-sale duty to warn is inconsistent with the underlying purposes of products liability law and general public policy. Although the factually dependent post-sale duty to warn seems like a perfect solution to the overburdening problem, courts should not adopt it.

<Em>Tarasoff</Em>, Duty to Warn Laws, and Suicide

State duty to warn (DTW) laws have long been the subject of much commentary. From their onset in 1976 with the seminal ruling of Tarasoff v Regents, the state mandated breach of confidentiality required of psychologists when a patient makes a credible threat to the life of another has been the subject of a “cottage industry of commentary”. Recent work attempts to test the dominating effect of these laws between the intent of the law (decrease homicides) and the adverse consequences associated with breaching client confidentiality. Many believe that compromising confidentiality renders mental health treatment ineffective calling it the “end of effective psychology”. If this is true, we should observe spill over effects into outcomes highly correlated with mental health. Teen and adult suicide rates are useful both as a measurement of mental health and allow for comparison between an outcome that should have a direct effect (teen suicides) and an outcome that would probably only have an indirect effect (adult suicides). Using a state panel of suicide rates and instruments for possible endogenous laws, I estimate a fixed effects model of the effect of state DTW laws on teen and adult suicide rates and find that states that enact a DTW law experience an increase in teen suicides of around 0.4 to 2.0 per 100,000 of the teen population but that no such effect exists among adult suicides.

The Pharmacist's Duty to Warn

The Pharmacist's Duty to Warn

Duty-to-Warn -Even if it May Be Hearsay? The Implications of a Psychotherapists Duty-to-Warn a Third Person When Information is Obtained From Someone Other Than His Patient

Duty-to-Warn -Even if it May Be Hearsay? The Implications of a Psychotherapists Duty-to-Warn a Third Person When Information is Obtained From Someone Other Than His Patient

Tarasoff and the duty to warn third parties

Tarasoff and the duty to warn third parties

On second thought: a Canadian reflection. Informing after the fact: AIDS, confidentiality, and the duty to warn.

On second thought: a Canadian reflection. Informing after the fact: AIDS, confidentiality, and the duty to warn.

Limits to pharmacists' duty to warn.

Limits to pharmacists' duty to warn.

Duty to warn

Duty to warn

AIDS and the duty to warn

AIDS and the duty to warn

AIDS screening, confidentiality and the duty to warn

AIDS screening, confidentiality and the duty to warn

Book Review: The Psychotherapist's Duty to Warn or Protect

Book Review: The Psychotherapist's Duty to Warn or Protect

Views of Addiction and the Duty to Warn

Views of Addiction and the Duty to Warn

An Indiana doctor's duty to warn non-patients at risk of HIV infection from an AIDS patient.

An Indiana doctor's duty to warn non-patients at risk of HIV infection from an AIDS patient.

Article Commentary: The Therapist's Duty to Warn or Protect Third Persons

Article Commentary: The Therapist's Duty to Warn or Protect Third Persons

Duty to warn third parties

Duty to warn third parties

The right to refuse medical treatment.

It is becoming an increasingly frequent occurrence for the emergency nurse to encounter patients and families who question treatment offered in the emergency department and who even refuse treatment. In general, a competent, conscious adult has the right to refuse medical treatment. The key to handling the patient who refuses treatment in the emergency department is careful assessment of the patient and the apparent reason for his refusal of treatment. The emergency nurse who is confronted with a patient who refuses care must initially ask whether the patient is mentally competent to refuse treatment. Is the patient’s ability to reason impaired by drugs or alcohol? Does the patient show signs of organic mental impairment? Patients who are disoriented, confused, or unable to comprehend this condition should not be permitted to leave the emergency department. It is appropriate to use reasonable restraints when necessary to maintain the patient in the emergency department, pending further medical evaluation of his condition. Documentation of the patient’s physical and mental status should be carefully noted on the ED record, as well as careful notation of the need for any reasonable restraints. If the patient who insists on leaving without treatment appears to be in control of his mental processes, the ED staff has a duty to warn the patient

Duty to warn third parties

Duty to warn third parties

Duty to warn third parties

Duty to warn third parties

Psychotherapy and the law: The duty to warn.

Psychotherapy and the law: The duty to warn.