The Liability of Psychiatric Hospitals for the Acts of Their Patients
GILBERT GARCETTI LL.B.1, and
JOHN M. SUAREZ M.D.2
1 Attorney at law in Los Angeles, Calif.
2 Neuropsychiatric Institute, 760 Westwood Plaza, Los Angeles, Calif. 90024 and with the department of psychiatry, University of California at Los Angeles
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.
