Civil liabilities of government psychotherapists and agencies for the release of the mentally ill

Abstract

The release of the mentally ill carries potential liabilities, under state and federal laws, for psychotherapists and agencies. While plaintiffs have had no widespread success in liability lawsuits, damage awards have been given in cases where there is abuse of discretion, gross negligence, or lack of due care; when the injury is foreseeable; and when a special relationship exists between the victim and the released patient.

Case law suggests several operational models in cases where liability is imposed. Among these are the foreseeability model, the special relationship model, and the strict liability model. This article suggests a modified strict liability model where the government, instead of the injured party or the psychotherapist, generally bears the burden of loss.