''Jablonski by Pahls v. United States'', 712
F.2d
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by W ...
391 (9th Cir. 1983)
[
] is a landmark case in which the
9th Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
determined that a
mental health professional
A mental health professional is a health care practitioner or social and human services provider who offers services for the purpose of improving an individual's mental health or to treat mental disorders. This broad category was developed as a ...
's
duty to predict dangerousness includes consulting a patient's prior records, and that their
duty to protect
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. If a client makes statements that suggest suicidal or homicidal ideation, the cli ...
includes the
involuntary commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hos ...
of a dangerous individual; simply warning the foreseeable victim is insufficient.
Facts
Phillip Jablonski was dating Melinda Kimball and had threatened to kill her and her mother (Isobel Pahls). After one incident that culminated in a threat towards her mother, she took him to the
Loma Linda VA Hospital, where the doctor conducted a risk assessment, but did not consult his prior records, which documented a history of violent behavior. Based on this incomplete data, he determined erroneously that Jablonski was not a danger to himself or others and released him. He warned Kimball to leave Jablonski but did not warn her of his potential for violence. When Jablonski was discharged from the hospital, he killed Kimball.
Ruling
The court ruled that the doctor's failure to secure the patient's previous records constituted
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
, as the information in his files would have affected the risk assessment and thus the actions taken to protect the foreseeable victim.
See also
* ''
Tarasoff v. Regents of the University of California
''Tarasoff v. Regents of the University of California'', 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 ( Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals w ...
''
References
{{United States tort case law
United States tort case law
Mental health case law in the United States
United States Court of Appeals for the Ninth Circuit cases
1983 in United States case law