Le. Weinberger et al., EXTENDED CIVIL COMMITMENT FOR DANGEROUS PSYCHIATRIC-PATIENTS, journal of the American Academy of Psychiatry and the law, 26(1), 1998, pp. 75-87
Mental health clinicians are increasingly held civilly liable for the
dangerous acts of their psychiatric patients. One area of liability is
the negligent release of involuntarily committed patients who engage
in dangerous acts after their hospital discharge, All states have prov
isions for extended involuntary commitment for mentally ill dangerous
patients. We examined extended civil commitment petitions in Los Angel
es County, California, and found that the great majority were rejected
, While the standard for extended civil commitment in California inclu
des verbal threats of substantial physical harm, deputy district attor
neys tended to reject petitions initiated by clinicians when verbal th
reats were the sole criterion of dangerousness. This tendency by deput
y district attorneys can be quite confusing for clinicians, Mental hea
lth professionals' liability has sensitized them to the legal implicat
ions of patients' verbal threats of harm; attorneys do not incur the s
ame legal liability and are not so sensitized.