Judge Chin said that other courts, in other jurisdictions, have recognized that “mental health care providers may have a duty to protect others from the actions of voluntary outpatients,” particularly where a care provider is faced with a decision on placing the outpatient on inpatient status.
MENTAL HEALTH care providers may be sued for breach of duty to the general public following the violent act of an outpatient who was receiving treatment on a voluntary basis, Southern District Judge Denny Chin has ruled.
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