Killer’s psychiatrist can be sued by victim’s family, Washington Supreme Court says

Discussion in 'Law and Justice System' started by Disir, Dec 26, 2016.

  1. Disir
    Online

    Disir Gold Member

    Joined:
    Sep 30, 2011
    Messages:
    15,476
    Thanks Received:
    2,337
    Trophy Points:
    290
    Ratings:
    +7,132
    The family of a Spokane woman who was murdered along with her son can pursue a lawsuit over whether the killer’s psychiatrist should have done more to protect them, the Washington Supreme Court held in a case with implications for mental-health professionals around the state.

    Rebecca Schiering and one of her sons, Phillip, were shot by her ex-fiance, Jan DeMeerleer, in 2010. DeMeerleer, who also wounded another of Schiering’s sons in the attack, then returned to his own home and killed himself.

    Schiering’s family sued the killer’s psychiatrist, Dr. Howard Ashby, and Spokane Psychiatric Clinic, alleging they were negligent in their treatment of DeMeerleer and that they should have done more to protect the victims. Ashby knew his patient had previously expressed homicidal and suicidal ideas, but found no “real clinical problem” in their most recent meeting, three months before the killings.

    In a 6-3 opinion, the Supreme Court held Thursday that the lawsuit can go forward. The majority said mental-health professionals must act with reasonable care to identify and mitigate the dangerousness of psychiatric patients.
    Killer’s psychiatrist can be sued by victim’s family, Washington Supreme Court says

    I'm not sure Ashby could have foresaw something 3 months down the line.
     
    • Agree Agree x 1
  2. Coyote
    Online

    Coyote Varmint Staff Member Gold Supporting Member

    Joined:
    Apr 17, 2009
    Messages:
    57,790
    Thanks Received:
    10,220
    Trophy Points:
    2,030
    Location:
    in between
    Ratings:
    +27,020
    I agree...I don't think this is a good precedent. What's more, it will make doctors more reluctant to take on certain patients or diseases.
     
    • Agree Agree x 3
  3. irosie91
    Online

    irosie91 Diamond Member

    Joined:
    Jul 12, 2012
    Messages:
    53,260
    Thanks Received:
    3,998
    Trophy Points:
    1,815
    Ratings:
    +14,977
    the case HINGES on the record-------for any discerning person---BUT
    it is likely that the lawyer for the plaintiff will demand a JURY TRIAL---
    the doc is in deep shit---- I ain't no lawyer-----but if the lawyer for the
    defense is smart he will try to do the NO JURY option and get the judge to
    be a judge-------hopefully DA JUDGE is a mensch
     
    • Informative Informative x 1
    Last edited: Dec 26, 2016
  4. Pete7469
    Offline

    Pete7469 Gold Member

    Joined:
    Mar 23, 2013
    Messages:
    13,904
    Thanks Received:
    2,975
    Trophy Points:
    280
    Location:
    The Real World
    Ratings:
    +14,983

    It will also make people more reluctant to seek help, if they believe a doctor may alert authorities.



     
    • Agree Agree x 2
  5. Disir
    Online

    Disir Gold Member

    Joined:
    Sep 30, 2011
    Messages:
    15,476
    Thanks Received:
    2,337
    Trophy Points:
    290
    Ratings:
    +7,132
    There is a duty to warn but you have to meet the criteria. They don't want a psychiatrist, they want a psychic.
     
    • Agree Agree x 2
    • Thank You! Thank You! x 1
  6. Jarlaxle
    Offline

    Jarlaxle Gold Member

    Joined:
    Sep 4, 2012
    Messages:
    14,120
    Thanks Received:
    1,215
    Trophy Points:
    205
    Location:
    New England
    Ratings:
    +3,060
    Or shrinks will start pushing the panic button any time there is ANY indication someone is nuts, even if they know he is just pissed off.
     
    • Agree Agree x 2

Share This Page

Search tags for this page

jan demeerleer washington supreme court