Widow Chantel Blunk sues psychiatrist who treated Aurora shooter James Holmes

News AU ^ | Jan 18, 2013

[Red Steel]

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.

[Gene Eric]

I agree.

[hinckley buzzard]

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.

[Telepathic Intruder]

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.

[muawiyah]

Hitler’s dead.

[Telepathic Intruder]

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.

[muawiyah]

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!

[Telepathic Intruder]

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

[FreedomPoster]

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.

[RoosterRedux]

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.

[Telepathic Intruder]

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

[EdReform]

bookmark

[5th MEB]

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

[Telepathic Intruder]

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.

[onyx]

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.

[USARightSide]

‘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.

[Safetgiver]

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.

[generally]

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.