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Widow Chantel Blunk sues psychiatrist who treated Aurora shooter James Holmes
News AU ^ | Jan 18, 2013

Posted on 01/17/2013 6:35:25 PM PST by Red Steel

Edited on 01/18/2013 5:38:36 AM PST by Admin Moderator. [history]

THE widow of a victim of the US theatre massacre is suing a psychiatrist for neglect, for failing to have the alleged shooter arrested despite him having "fantasised about killing a lot of people."

The lawsuit, also citing the University of Colorado, alleges that Dr Lynne Fenton advised campus police about her concern regarding James Holmes, after he told her about the fantasy in June last year.


(Excerpt) Read more at news.com.au ...


TOPICS: Crime/Corruption; Extended News
KEYWORDS: aurora; banglist; democrats; jamesholmes; massshootings; mentalillness

1 posted on 01/17/2013 6:35:41 PM PST by Red Steel
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To: Red Steel

This should be interesting but I don’t think it will fly.


2 posted on 01/17/2013 6:37:19 PM PST by bmwcyle (We have gone over the cliff and we are about to hit the bottom)
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To: Red Steel

Gee, didn’t see that coming. /s


3 posted on 01/17/2013 6:38:14 PM PST by doc1019
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To: Red Steel

Doctor-patient priveledgse should not extend to the point where a patient is in danger of killing others. But it has to be THE DOCTOR who is smart enough to know.

She could have had him involuntarily committed as a danger to himself or others. I am not even a doctor and I had it done to my brother

This is not like a confessional and priest - which IS sacred. But even a priest can point out who is dangerous to the police without reveling what was said.


4 posted on 01/17/2013 6:41:19 PM PST by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Red Steel

Lawyers will be making serious money on this one.


5 posted on 01/17/2013 6:41:59 PM PST by fatnotlazy
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To: Red Steel

I don’t think such a suit is possible. There’s doctor-patient confidentiality, and the fact that you can’t arrest someone for their thoughts, no matter how disturbed. If he warned the right people, that’s all anyone can do. And anyway, liberals have made it impossible to commit someone to an insanity ward. I drive all the time past the place where “One Flew Over the Coocoo’s Nest” was filmed. It’s empty. All the nuts are wandering the streets now.


6 posted on 01/17/2013 6:46:50 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: Red Steel

No Tarasoff duty to the public at large. This has summary judgment written all over it.


7 posted on 01/17/2013 6:47:19 PM PST by Last of the Mohicans
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To: Red Steel

...having “fantasised about killing a lot of people.”

And what meds was he on that caused these thoughts and his subsequent actions?

Lets get to the root cause of all this.


8 posted on 01/17/2013 6:47:59 PM PST by Captain7seas (Fire Jane Lubchenco)
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To: fatnotlazy

I believe the doc works for the University...so there are hundreds of millions at stake here. I’m guessing that they will dissolve mental health offerings to the students in the future because they really can’t afford to ever encounter another event like this.

Most colleges will watch, and learn. You can figure that unless the state itself offers mental health...no one much is going to volunteer much of anything.

Personally, I would suspect that 250k people in the US need to be put into an institution immediately, and at least another 250k need long-term review. But, that’s not something that will ever happen. The crazies need to walk among us.


9 posted on 01/17/2013 6:48:58 PM PST by pepsionice
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To: Red Steel; mickie; flaglady47; oswegodeee
"Widow Chantel Blunk......"

Is she any relation to Sandra Fluke?

Sheesh.......

10 posted on 01/17/2013 6:56:20 PM PST by MinuteGal (Send a penny NOW to CNN, 1 Time-Warner Center, NY,NY 10019 for "PENNIES FOR LEAVING!" (Piers Morgan))
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To: Mr. K

“Involuntarily committed”?

In recent months I have heard many professionals on various talk shows describe how hard it is to get someone committed. The liberals have screwed that up to the point where it is almost impossible until violent crimes are committed. They can hold them for a day or so then have to release them. We can thank the liberals for this problem as well as the homeless problem.


11 posted on 01/17/2013 7:00:34 PM PST by plain talk
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To: Red Steel; onyx
Psychiatry (which is itself a rapidly evolving science) and the mental health profession have been under attack by liberals for years (think back to Jimmah Cahter).

While liberals love big government, it's power has not been extended to those who are in trouble mentally.

Libs have released the mentally ill onto our streets and then have blamed gun owners and others for the damage they have done to society.

Onyx...what say you?;-) You know first hand, while I am only an observer.

12 posted on 01/17/2013 7:00:45 PM PST by RoosterRedux
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To: Red Steel

The problem is going to be context and level of the ‘fantasy’ in question IMO.

“fantasised about killing a lot of people.”

...could put a lot of liberals in jail if one applies it to Twitter accounts. Probably should.

But sis the psych think he was just being a Django movie watcher with a big mouth and a small...well you know. Or did she think he was a gen-U-ine psycho. That’s the problem.


13 posted on 01/17/2013 7:02:51 PM PST by Norm Lenhart
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To: Telepathic Intruder

They weren’t just thoughts ~ he demonstrated that.


14 posted on 01/17/2013 7:07:11 PM PST by muawiyah
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To: bmwcyle
The "Duty to warn" arises when a patient makes a credible threat against a specific individual or himself. "Wanting to kill a lot of people" most likely will not qualify as invoking this duty.

If he had said for example that he had just flunked biology, and wanted to kill his biology professor, that would require the doctor to warn the professor and notify the authorities and notify the patient that she was doing so.

Things like this mass shooting are unpredictable at this stage in our knowledge and the false positives are way to high to begin restraining people for what most of the time is an idle expression of anger or resentment.

15 posted on 01/17/2013 7:10:16 PM PST by hinckley buzzard
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To: Mr. K

So you had someone involuntarily committed, and it was really easy? Was this recently?


16 posted on 01/17/2013 7:10:24 PM PST by Mamzelle
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To: plain talk

Yeah, I’m calling BS, unless it took place many years ago. The asylums are simply not around anymore.


17 posted on 01/17/2013 7:12:56 PM PST by Mamzelle
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To: pepsionice
Personally, I would suspect that 250k people in the US need to be put into an institution immediately, and at least another 250k need long-term review. But, that’s not something that will ever happen. The crazies need to walk among us.

Sad but true. I used to volunteer at our church to help out "needy" and homeless people. Most were mentally ill liars. Mean too, some threatening us if we didn't help them.

18 posted on 01/17/2013 7:13:19 PM PST by Inyo-Mono (My greatest fear is that when I'm gone my wife will sell my guns for what I told her I paid for them)
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To: Telepathic Intruder

>>And anyway, liberals have made it impossible to commit someone to an insanity ward. I drive all the time past the place where “One Flew Over the Coocoo’s Nest” was filmed. It’s empty. All the nuts are wandering the streets now.

Worth saying again.

Also worth saying, on the other hand, I’m not sure I’d want it to be too easy to have someone committed. Leftists would use it against political enemies.

It is a tough thing all around.


19 posted on 01/17/2013 7:15:59 PM PST by FreedomPoster (Islam delenda est)
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To: Mamzelle

It was not easy but it was pretty obvious to everyone he needed it (it was my brother) and so there was little objection all around

When he went outside in -5 degree weather to walk 40 miles to his ‘girlfriends’ house with just a spring jacket on, he is lucky they found him on the road before he froze to death.


20 posted on 01/17/2013 7:27:15 PM PST by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: RoosterRedux

I agree.


21 posted on 01/17/2013 7:34:15 PM PST by Gene Eric (Demoralization is a weapon of the enemy. Don't get it, don't spread it!)
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To: Mr. K
This issue is covered by law (Tarasoff) and in this case given what we know so far, it does not rise to the level of "Duty to Warn" on the part of the doctor. If the police had wanted to they could have committed Holmes for psych evaluation on their own authority. But they didn't. "Doctor-patient privilege" is the same as lawyer-client privilege and the requirements for violating that privilege are specific and strict. They didn't happen here.
22 posted on 01/17/2013 7:34:59 PM PST by hinckley buzzard
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To: muawiyah
They weren’t just thoughts

They were at the time, however. As much as I would like to go back in time and kill Hitler when he was a child, I would have no basis to without pre-knowledge of the future.
23 posted on 01/17/2013 7:47:09 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: Telepathic Intruder

Hitler’s dead.


24 posted on 01/17/2013 7:50:54 PM PST by muawiyah
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To: FreedomPoster

Like the old Soviet Union? That’s one extreme, and letting dangerous or insane people loose among the rest of us is another. I like to think there is a middle ground.


25 posted on 01/17/2013 7:52:16 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: hinckley buzzard
This is going to trial. Her insurance company will make the decision to settle or defend.

I suspect they'll try to get settlements, but they might not defend if the can prove fraud on her part.

Given the fact this guy was already acting out by purchasing various components for infernal devices, if he mentioned any of that to her and she did nothing she is in some series and hugh trouble!

26 posted on 01/17/2013 7:53:04 PM PST by muawiyah
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To: muawiyah

Not before he could take about 10 million others with him.


27 posted on 01/17/2013 7:53:12 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: Telepathic Intruder

I agree. It isn’t the sort of thing that lends itself to the knee-jerk legislation that is being demanded at them moment, however.


28 posted on 01/17/2013 8:16:32 PM PST by FreedomPoster (Islam delenda est)
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To: muawiyah
Hitler’s dead.

Only the last one...the next one is either quite alive or yet to be born.

But he will be born...and rise to power.

That's the way this formula works. Solve the formula...find the next AntiChrist.

29 posted on 01/17/2013 8:17:41 PM PST by RoosterRedux
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To: FreedomPoster

Also agree. The old Soviet Union appears to be making a come back.


30 posted on 01/17/2013 8:21:22 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: EdReform

bookmark


31 posted on 01/17/2013 9:11:09 PM PST by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Telepathic Intruder

Not entirely accurate; in fact any doctor has a legal responsibility to report any patient that has made threats of violence against other persons.


32 posted on 01/17/2013 10:32:12 PM PST by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: 5th MEB

Very well. But to report and arrest are different things. Threats have been made against me, and there’s no legal action I could have taken. Someone once walked into my dad’s office and said he was going to kill him next time he came back. The cops said there was nothing they could do. Fortunately, the guy never came back. This just sounds like a lawyer trying to make money by spinning useless accusations in court. Nothing will come of it, likely.


33 posted on 01/17/2013 11:00:04 PM PST by Telepathic Intruder (Common sense is the first casualty of a depraved mind.)
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To: RoosterRedux

I’m glad I found you post and ping, now that the difficulties have been solved.

I agree with you and I think my husband would too, although he’s always been the first to cite unethical crackpots in his field of medicine.


34 posted on 01/17/2013 11:14:15 PM PST by onyx (FREE REPUBLIC IS HERE TO STAY! DONATE MONTHLY! IF YOU WANT ON SARAH PALIN''S PING LIST, LET ME KNOW)
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To: Telepathic Intruder

‘All the nuts are wandering the streets now.’

A former mental facilty in Ventura County,CA, is now a university.
There are ‘nomadic’ homeless types out and about, but unaware if they’re dangerous.


35 posted on 01/18/2013 2:33:10 AM PST by USARightSide (S U P P O R T I N G OUR T R O O P S)
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To: Telepathic Intruder

There’s doctor-patient confidentiality, and the fact that you can’t arrest someone for their thoughts, no matter how disturbed.....Bohannon had a psychiatrist on just last night that said it IS a duty of Psychs. to report anyone who is an imminent threat and it happens often. That Dr./ patient confidentiality does not apply to shootings, dog bites, stabbings, spouse abusal or any number of injuries. It has recently been argued that Dr.s couldn’t report AIDS patient because that villified a homosexual part of society. The following quote is from ‘enotes.com’:In recent years, many courts have held that doctors also owe duties to protect non-patients who may be harmed by patients. For example, without a patient’s permission or knowledge, doctors may warn others or the police if the patient is mentally unstable, potentially violent, or has threatened a specific person. In some states, the duty to report or warn others “trumps” the right to confidentiality or privileged communication with a doctor. Courts will decide these matters by balancing the sanctity of the confidentiality against the foreseeability of harm to a third party.


36 posted on 01/18/2013 3:29:08 AM PST by Safetgiver ( Islam makes barbarism look genteel.)
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To: FreedomPoster

Your point is excellent. It’s a slippery slope on both sides.

I know a man who had his first wife committed. There was nothing wrong with her other than that she wasn’t sufficiently “obedient.” He tried to do the same thing to his second wife, but didn’t get away with it. He’s now married to a third woman. I wonder how long before he tries to have her committed.


37 posted on 01/19/2013 6:15:42 AM PST by generally (Don't be stupid. We have politicians for that.)
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