Am J Psychiatry 1989; 146:821-828
Copyright © 1989 by American Psychiatric Association
Statutory approaches to limiting psychiatrists' liability for their patients' violent acts
PS Appelbaum, H Zonana, R Bonnie and LH Roth
Department of Psychiatry, University of Massachusetts Medical School, Worcester 01655.
A consensus has developed among mental health professionals that the legal
duty to protect potential victims of their patients' violent acts, as
fashioned by the courts, requires modification. To date, 12 states have
responded with legislation designed to clarify and limit clinicians'
responsibilities. In addition, APA has distributed a model statute as a
resource document to aid those psychiatrists interested in stimulating
legislative action. This paper examines existing statutes and the APA
resource document, considers the variety of ways in which the goals of
reform can be achieved, and recommends approaches that balance desires for
public safety with the legitimate needs and concerns of the mental health
professions.
