Objectives: To discuss the findings and the various judgements of the courts in the case of Presland v Hunter Area Health Service and to consider the liability of psychiatrists and mental health services for failing to admit or detain patients with mental illness.
Conclusion: In a highly controversial and sometimes misreported decision, the NSW Supreme Court on 21 August 2003 entered judgement for Presland against the Hunter Area Health Service and a third year psychiatry registrar for injury suffered by reason of their negligent failure to care for Presland and, in particular, to detain him in hospital under provisions of the Mental Health Act (NSW). By a majority, the NSW Court of Appeal overturned the decision on 21 April 2005. Judgements in the appeal decision explored the duty of care owed by a psychiatrist to a patient. The decision confirmed that a successful litigant suing for negligence will not recover damages for pain and suffering and economic loss caused as a result of not being admitted for treatment of a mental illness before committing a violent offence.
