Much more than Tarasoff “en français”?
Several months ago, I read the widely reported case of the French psychiatrist who received a suspended one-year prison sentence after one of her patients had committed murder. In the popular press, few details beyond that were included. Since we focus on psychiatry in the US, I didn’t make a point to follow up on the case. I do remember thinking, however, that despite the Tarasoff case and its progeny, I’ve never known of a psychiatrist being found criminally liable for ‘failing to warn or protect’.
Psychiatric Times, I am happy to report, published an article on April 10, 2013, entitled “Psychiatric Liability: A French Psychiatrist Sentenced After a Murder Committed by Her Patient,” by Carol Jonas, MD, JD and Nidal Nabhan Abou, MD, both French psychiatrists.
I found the following noteworthy:
1. Courts in France are no faster than most US courts in resolving cases: The murder occurred in March 2004. Sentencing was in December 2012, or 8.75 years later.
2. The damages awarded to the victim’s next of kin were very low: The court ordered the doctor to pay the victim’s sons a total of €8500 ($11,130 valued 4/11/13). I have no idea how French courts calculate damages, and I know nothing about the victim in the case, but given the court’s dim view of the psychiatrist’s treatment of the patient-murder, I was amazed. I think most plaintiff’s lawyers in the US would be disheartened by an award that small.
3. The case led to the passage of a new law: A few weeks ago, I noted that recent spree shootings will undoubtedly lead to new laws which may impose new reporting duties on psychiatrists (“Hard Cases” posted January 29, 2013). That’s what happened here.
In the words of Drs. Jonas and Nabou, “The case also led to the creation of law 2011-803, on July 5, 2011. The objective of that law is to ensure that “dangerous” psychiatric patients are monitored and attended to.” They go on to explain that this law increases the doctor’s responsibility to be “more transparent” about the treatment of dangerous patients and to report them to the authorities if they do not adhere to their treatment plan. French psychiatrists anticipate an increase in the number of lawsuits brought against them in the wake of this law’s passage.
Most US psychiatrists are aware of and comply with their states’ existing laws regarding ‘Tarasoff duties’. It’s more important now than ever that they stay apprised of their state legislatures’ efforts to extend those duties.