NCJ Number
129855
Journal
Journal of Psychiatry and Law Dated: (Fall 1989) Pages: 381-411
Date Published
1989
Length
31 pages
Annotation
Regardless of whether psychiatrists can accurately assess the danger propensities of their patients, they face liability for their decisions.
Abstract
Psychiatrists must make decisions based on the prediction of dangerous acts of their patients. Risks are assessed, and interest in public safety is balanced against cost to liberty and other costs. There are no standards for predicting dangerousness, and there are no clear guidelines for balancing competing interests. These deficiencies have led to unfair judgments of psychiatrists' determinations. The need to compromise competing interests on the basis of risk analysis carries with it the inevitability of some undesired consequences. Some jurisdictions have standards restricting commitment; even where commitment is not statutorily permitted, however, other liability has been found. Until society is confronted with the costs of guaranteeing public safety, the status quo will continue. It is suggested that psychiatrists use a very low threshold of dangerousness as a basis for protective action until adequate legal standards are established or immunity for discretionary judgments is granted. By refusing to take risks, psychiatrists may be able to effect legal reform. 67 notes (Author abstract modified)