Levine on Psychotherapist Duty to Warn Law in Georgia
Jan Levine has posted to SSRN Putting an End to Protective Privilege: Georgia Should Recognize the Psychotherapist’s Duty to Warn. The abstract provides:
This article addresses several anomalies and problems with Georgia’s law concerning the duty a psychotherapist has towards third parties (i.e., non-patients): the lack of a duty to warn third parties about dangerous patients; flaws in the mental health commitment statute; and inconsistencies in the way the state treats medical confidentiality and evidentiary privilege. Georgia is the only state that has failed to definitively address the psychotherapist’s duty to warn via caselaw or statute; it is time to finally and definitively fix a problem that has existed at least since 1982.
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