Liability of treaters for injuries to others: erosion of three immunities.
For years treaters of mental patients who harmed other persons were largely protected by three doctrines: the common law rule of nonresponsibility, sovereign immunity, and the "honest error" rule. The present paper examines the erosion of these immunities that has occurred over the last 30 years. As the strength and breadth of these protections have lessened, claims of negligence have expanded. Failure to properly diagnose includes failure to foresee violent acts. Failure to properly treat includes failure to restrain a violent patient. The recently asserted failure to protect others is not necessarily based on failure to diagnose or to treat, or, for that matter, on medical malpractice law.
Felthous
A R
AR
Department of Psychiatry and Behavioral Sciences, University of Texas Medical Branch, Galveston 77550.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D003617:Dangerous Behavior; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D011613:Psychotherapy; D014481:United States; D014754:Violence