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Tarasoff v Regents of the University of California 1976 - Confidentiality case

On 27 October 1969, Prosenjit Poddar killed Tatiana Tarasoff. The plaintiffs, Tatiana's parents, allege that two months earlier Poddar confided his intention to kill Tatiana to a psychologist employed at the University medical centre. On the psychologist's advice, the campus police briefly detained Poddar but released him when he appeared rational.

The University medical centre faced a legal action after failing to warn Tatiana of the risk posed to her by Poddar. Liability was claimed on grounds of failure to warn and failure to bring about Poddar's confinement. Therefore, the plaintiffs stated a cause of action against the defendants for negligent failure to protect Tatiana. On the other hand, the defendants claimed that they owed no duty of reasonable care to Tatiana or her parents, as she was not their patient, and therefore they were free to act in careless disregard of her life and safety.

In this case, the girl's rejected lover had sought psychiatric help at the medical centre and told staff of his violent intentions towards his ex-girlfriend, saying that he possessed a gun. The girl had ended the relationship between the two parties and this had left the ex-boyfriend in an emotionally unstable state of mind. Staff had warned the police about his intentions, but they took no action as he had only verbally stated his intentions and had not actually committed any crime. The medical staff failed to warn her and she was murdered by the patient soon afterwards. Consequently, her family sued the University for negligence.

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