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Death threats are common in the therapist's office. Many therapists don't know how to handle these.
AIM: To provide background information and tools for the practitioner who receives a homicidal threat from a patient.
METHOD: A systematic literature review of the epidemiology, diagnostics, risk assessment and treatment of homicidal threats.
RESULTS: …
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Specific Psychiatric Treatment If suicidal or homicidal ideations or intentions are emerging, psychiatric hospitalization should be considered. Also, consider hospital admission if a safe place has not been found. Initiate treatment for abuse of alcohol and other drugs, which is often a consequence of being abused.
Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law.
Health professionals may breach patient confidentiality in order to avoid serious risk or harm (identifiable individuals and the public in general). Decision to disclose patient information should not be made in haste or without due care.
A “duty to warn” exists across various United States (U.S.) jurisdictions. Within the healthcare field, “duty to warn” can create an obligation for healthcare providers to warn people who are not their patients (e.g., third parties) of a serious threat of harm based on conversations with their patient.
A breach of confidentiality occurs when a patient's private information is disclosed to a third party without their consent. There are limited exceptions to this, including disclosures to state health officials and court orders requiring medical records to be produced.
In short, disclosure must be considered essential to protect the patient, protect third parties from the risk of death or serious harm or prevent a crime/civil wrong.
The common law of confidentiality is a broad principle of law that a person who receives information from another party in confidence cannot take advantage of it. That person must not make use of it to the prejudice of the person who gave the information without obtaining his consent.
Report the breach of patient confidentiality That can make them complicit." Johnson says to report the breach of patient confidentiality up the chain of command. It's usually appropriate for nurses to report to nurse supervisors or managers; they might also make a report to a department head.
Breaking confidentiality is done when it is in the best interest of the patient or public, required by law or if the patient gives their consent to the disclosure. Patient consent to disclosure of personal information is not necessary when there is a requirement by law or if it is in the public interest.
In legal cases, unless there is a warrant, client consent is required to release information. Professionals stress that, prior to getting consent, they explain to clients the implications of sharing notes – contents may be read in open court and shared with the other side – and whether they can refuse or redact parts.
The specifics of a legal duty to warn vary by state. In most cases: A therapist is required to breach confidentiality if clients pose an imminent threat to either themselves, the therapist, or a third party. The necessary information must be divulged to someone who is capable of taking action to reduce the threat.
Mandatory duty to protect laws typically apply where there is an imminent and/or rather certain threat of harm. They often specify that the harm must be serious physical harm or death.