Determinations of Negligence and the Hindsight Bias

Examined the hindsight bias in determinations of negligence in Tarasoff-type cases. The sample of 297 community residents was asked to read clinical case scenarios involving treatment of potentially dangerous patients. Scenarios varied by outcome: (1) the patient became violent, (2) the patient did not become violent, and (3) no outcome was specified. Respondents rated the foreseeability of violence, the reasonableness of therapist actions, and negligence. It was hypothesized that respondents who were informed that the patient became violent would be more likely to find the therapist negligent than respondents in the other two outcome conditions. Findings supported this, and respondents in the violent outcome condition rated the violence as more foreseeable and therapist actions as less reasonable. Implications for mental health and legal professionals are discussed and future research ideas are suggested.