How To Prove A California Duty to Warn Claim

 

 

In California, a claim of Duty to Warn is defined as:

A psychotherapist has a duty to warn an intended victim about whom a patient has communicated an explicit threat of imminent serious physical harm or death.

It simply means:

When a psychotherapist hears a credible threat of harm to a person by a patient, he must report the threat or warn the person.

There are 3 elements of the claim:

• Element 1. There was a doctor/patient relationship. A doctor/patient relationship exists when a patient seeks medical advice or treatment from a doctor, creating a responsibility for the doctor to act in the patient’s best interest, which is crucial in legal cases involving a Duty to Warn.
  

  Facts that might support this element look like:

  * The patient sought medical advice from the doctor regarding their mental health concerns during multiple appointments.
  * The doctor provided a diagnosis and treatment plan based on the patient’s disclosed symptoms and history.
  * The patient relied on the doctor’s expertise and recommendations for managing their condition over an extended period.
  * The doctor maintained ongoing communication with the patient, including follow-up appointments and adjustments to the treatment plan.
  * The patient disclosed specific threats of harm to themselves or others during consultations with the doctor.

• Element 2. The patient had a condition that presented a danger to a third party. The patient had a mental health issue that posed a serious risk of harm to someone else, which means the healthcare provider had a legal responsibility to inform that person or take steps to protect them from potential danger.
  

  Facts that might support this element look like:

  * The patient exhibited aggressive behavior towards others during therapy sessions, indicating a potential risk of harm.
  * The patient disclosed a history of violent outbursts when under stress, suggesting a pattern of dangerous behavior.
  * The patient expressed intent to harm a specific individual, raising immediate concerns for that person’s safety.
  * The patient’s substance abuse issues were linked to previous incidents of violence, highlighting a clear danger to those around them.
  * The patient’s mental health diagnosis included symptoms that are known to increase the likelihood of harming others, warranting a duty to warn.

• Element 3. The physician or medical professional failed to take reasonable steps to warn of the danger to others. A Duty to Warn Claim can arise when a doctor or healthcare provider does not take appropriate actions to inform others about a patient’s potential risk of harm, putting those individuals in danger without necessary warnings or precautions.
  

  Facts that might support this element look like:

  * The physician was aware that the patient had a history of violent behavior but failed to document or communicate this risk to the appropriate parties.
  * Despite recognizing the patient’s potential for harm, the medical professional did not implement any safety protocols or notify law enforcement.
  * The physician neglected to provide the patient’s family with information about the risks associated with the patient’s condition, which could have prevented harm to others.
  * The medical professional did not conduct a thorough risk assessment, overlooking critical warning signs that indicated a potential threat to others.
  * The physician failed to refer the patient for a psychiatric evaluation, despite clear indications that the patient posed a danger to themselves and others.

^{(See California Civil Jury Instructions (CACI), No. 507. Reisner v. Regents of University of California (1995) 31 Cal.App.4th 1195, 1198-1199.)}
If you’re in court without a lawyer and plan to assert a Claim of Duty to Warn, it’s essential to have a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our platform can help you navigate this complex process effectively.

Prove Your CA Duty to Warn Claim

U.S. Civil Cases Only