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LITTLETON v. GOOD SAMARITAN HOSPITAL & HEALTH CTR.

No. 87-1308.

39 Ohio St. 3d 86 (1988)

LITTLETON, ADMX. OF THE ESTATE OF PEARSON, APPELLANT AND CROSS-APPELLEE, v. GOOD SAMARITAN HOSPITAL & HEALTH CENTER ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided October 12, 1988.

Attorney(s) appearing for the Case

Graydon, Head & Ritchey, Glenn V. Whitaker and Barbara Scott Bison, for appellant and cross-appellee.

Smith & Schnacke, James J. Gilvary and Scott A. King, for appellees and cross-appellants.

H. BROWN, J.

Our threshold issue requires us to determine under what circumstances a psychiatrist can be held liable for the violent acts of a voluntarily hospitalized patient following the patient's release from the hospital.

To maintain a wrongful death action on a theory of negligence, a plaintiff must show (1) the existence of a duty owing to plaintiff's decedent, (2) a breach of that duty, and (3) proximate...

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