California Law and Ethics Practice Exam

Which factor is considered when determining a therapist's duty to warn?

1. The therapist's professional experience

2. The identifiable nature of the potential victim

3. The patient's previous treatment history

4. Confidentiality agreements

The correct answer is: The identifiable nature of the potential victim

The identifiable nature of the potential victim is a critical factor in determining a therapist's duty to warn. This legal obligation arises when a therapist has a reasonable belief that a patient poses a serious risk of harm to a specific individual or a group of individuals. In such cases, the therapist must evaluate whether the potential victim can be clearly identified and whether there is a true threat to their safety. The rationale behind this focus is rooted in the balance between maintaining patient confidentiality and the need to prevent harm to others. If a potential victim is identifiable, the therapist has a duty to take reasonable steps to warn that individual or relevant authorities, ensuring that preventive measures can be put in place. This principle stems from landmark legal cases, which clarified that the therapist's primary responsibility is the safety and welfare of others when a credible threat is presented by the patient. Other factors, while relevant to a therapist's decision-making process, do not take precedence in the same way when it comes to the duty to warn. The therapist's professional experience and the patient's previous treatment history may contribute to understanding the severity and nature of the threat but do not directly address the legal and ethical obligations in the context of identifying a specific victim. Confidentiality agreements are important in therapy; however, they do