Author: Freckelton I.

Source: Psychiatry, Psychology and Law, Volume 10, Number 2, 1 December 2003 , pp. 397-404(8)

Publisher: Australian Academic Press

Abstract:

An area which has long been unclear in medical malpractice law has been the extent of the liability of psychiatrists and psychiatric hospitals for releasing a person prematurely with the result that either they or someone else is harmed. In a controversial decision of the New South Wales Supreme Court, Presland v Hunter Area Health Service and Dr Nazarian [2003] NSWSC 754, a person released from psychiatric confinement killed a relative and then successfully sued the Area Mental Health Service and his psychiatrist. The decision was the subject of prompt appeal into the New South Wales Court of Appeal. This case commentary, however, assesses the potential ramifications of the substantial decision of the trial judge, Adams J.

Document Type: Miscellaneous

DOI: http://dx.doi.org/10.1375/132187103322742220

Affiliations: 1: Monash University and La Trobe University, Australia

Publication date: 2003-12-01

More about this publication?

• Information for Authors
• Subscribe to this Title
• Terms & Conditions
• Library Recommendation Form
• ingentaconnect is not responsible for the content or availability of external websites

Related content

• In this: publication
• By this: publisher
• In this Subject: Neurology & Psychiatry ,  Psychology ,  Law
• By this author: Freckelton I.

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers