The Seattle Times reports that the Washington Supreme Court has ruled that psychiatrists can be sued for the actions of their clients:
The family of a Spokane woman who was murdered along with her son can pursue a lawsuit over whether the killer’s psychiatrist should have done more to protect them, the Washington Supreme Court held in a case with implications for mental-health professionals around the state.
Rebecca Schiering and one of her sons, Phillip, were shot by her ex-fiance, Jan DeMeerleer, in 2010. DeMeerleer, who also wounded another of Schiering’s sons in the attack, then returned to his own home and killed himself.
Schiering’s family sued the killer’s psychiatrist, Dr. Howard Ashby, and Spokane Psychiatric Clinic, alleging they were negligent in their treatment of DeMeerleer and that they should have done more to protect the victims. Ashby knew his patient had previously expressed homicidal and suicidal ideas, but found no “real clinical problem” in their most recent meeting, three months before the killings.
In a 6-3 opinion, the Supreme Court held Thursday that the lawsuit can go forward. The majority said mental-health professionals must act with reasonable care to identify and mitigate the dangerousness of psychiatric patients.
There is no real simple answer to questions like these. The profession of psychiatry is not an exact science. But this must have some frightening implications for psychiatrists, psychologists, and those who aspire to those professions. As the article notes, this could result in a far more conservative approach adopted by practicioners, with more involuntary committals, as well as more second-guessing.
