What triggers a psychotherapist's duty to warn a third party?

A psychotherapist's duty to warn a third party is specifically triggered when there is a serious threat of physical violence directed at an identifiable victim. This duty arises from the need to balance patient confidentiality with the safety of others. When a patient makes a specific, credible threat that indicates intent to harm an ascertainable individual, the therapist has an obligation to take reasonable steps to warn that person and potentially notify law enforcement.

This principle is rooted in the understanding that when the potential for harm is grave and the victim is identifiable, failing to act could lead to serious consequences, including injury or death. The urgency in these scenarios necessitates a careful approach, allowing the psychotherapist to act in a manner that may protect the potential victim while still respecting the therapeutic relationship.

In contrast, general discussions about violence or vague threats do not rise to the level of a duty to warn, as they may not indicate an imminent danger to a specific individual. Similarly, threats characterized merely as negligence or overly broad threats do not establish the same level of responsibility. Therefore, the requirement is not absolute and does not extend to all potential threats, but rather focuses on serious threats that are directed toward identifiable victims.