Psychiatrists’ liability for violent acts by patients – time for more clarity?

Psychiatrists and other mental health professionals are bound by patient confidentiality, although this may give way in cases where there is a danger to known individuals. While there may be an ethical obligation to take steps to warn individuals who are at risk, the ethical codes are not uniform and there could be more clarity as to when confidentiality may be breached. In the United States the courts have held mental health care professionals civilly liable to pay compensation to those affected by failure to warn, though there has been debate as to the nature and extent of the duty. This issue has been considered in other Commonwealth jurisdiction, but not squarely in Australia. This presentation considers these issues in the the context of recent disciplinary and coroners cases in Australia