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The American Journal of Psychiatry, VOL. 124, No. 7

Articles | January 01, 1968

The Liability of Psychiatric Hospitals for the Acts of Their Patients

GILBERT GARCETTI; JOHN M. SUAREZ

Am J Psychiatry 1968;124:961-968.

Attorney at law in Los Angeles, Calif.

Neuropsychiatric Institute, 760 Westwood Plaza, Los Angeles, Calif. 90024 and with the department of psychiatry, University of California at Los Angeles

1967-68, American Psychiatric Association

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Abstract

The authors are concerned with the possible liability of public and private hospitals for the acts of their mental patients. In most jurisdictions, the hospitals' duty of care is imposed by case law. There are certain hospitals controlled by a political subdivision of the government that have sovereign immunity, i.e., that are immune from tortliability. However, this immunity can be waived by the enactment of consent legislation.

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