Am J Psychiatry 1985; 142:1414-1418
Copyright © 1985 by American Psychiatric Association
Liability of the mentally ill and their insurers in negligence and other civil actions
IN Perr
Although familiar with the insanity defense, psychiatrists know little
about the liability of mentally ill persons in civil actions or the
secondary liability of their insurers. Generally the mentally ill are
responsible civilly for their actions regardless of mental state except
where the law requires specific intent and the illness negates such intent.
Psychiatrists and other mental health workers may thus have grounds for
suit against patients who injure them. While insurance coverage may exclude
intentional acts, insurers may be civilly liable, even for blatant criminal
acts. The author reviews the relevant laws and presents illustrative case
examples.
