RT Journal Article
SR Electronic
T1 Liability of Treaters for Injuries to Others: Erosion of Three Immunities
JF Journal of the American Academy of Psychiatry and the Law Online
JO J Am Acad Psychiatry Law
FD American Academy of Psychiatry and the Law
SP 115
OP 125
VO 15
IS 2
A1 Alan R. Felthous
YR 1987
UL http://jaapl.org/content/15/2/115.abstract
AB 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.