EWING v. NORTHRIDGE HOSP. MEDICAL CENTER

No. B166525.

16 Cal.Rptr.3d 591 (2004)

120 Cal.App.4th 1289

Cal EWING, et al., Plaintiffs and Appellants, v. NORTHRIDGE HOSPITAL MEDICAL CENTER—Roscoe Boulevard Campus, Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

Review Denied November 10, 2004.


Attorney(s) appearing for the Case

Stark, Rasak & Clarke and Edmund W. Clarke, Jr., Torrance, for Plaintiffs and Appellants.

Fonda & Fraser, Sandra F. Winter and Kristen J. Heim for Defendant and Respondent.


BOLAND, J.

SUMMARY

As a general rule, a mental health practitioner has no duty to warn third persons about, nor any duty to predict, a patient's dangerous propensities. This rule is subject to an important exception: when a patient has "communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim," the psychotherapist must take reasonable steps to warn the victim and a law enforcement agency of the threat...

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