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High court: mental health doctors have duty to warn

PHILADELPHIA — Mental health professionals have a duty to warn of threats made by patients even if they are made against an unspecified person, the Pennsylvania Supreme Court said in a split opinion Tuesday.

The 3-2 majority opinion upheld a 2018 Superior Court decision that the University of Pittsburgh Medical Center Presbyterian Shadyside known as the Western Psychiatric Institute and Clinic and other defendants had a duty to warn the neighbors of a patient who told his doctors he wanted to kill his neighbors, even though he didn’t give his doctors a specific name. Two justices did not participate in the deliberations.

In 2008, patient Terrence Andrews stabbed and killed his 18-year-old neighbor, Lisa Maas, with a pair of scissors. Maas’ family filed a lawsuit against the treatment facilities and doctors saying they had a responsibility to tell Andrews’ neighbors at his Pittsburgh apartment complex about his statements. And if such a warning had been made, Maas would not have answered the door when Andrews knocked.

“I think it’s a very important decision for victims of mental health, such as my client,” said attorney Jon Perry, who represents Maas’ family. “I also think it’s a very important decision for people who suffer from mental health disorders.”

Perry said the law has historically favored privacy rights for people who seek mental health treatment, but the shift to favor public safety is also a signal of a lessening stigma around seeking mental health help.

But attorneys for the treatment facility said the decision devalues patient privacy and could have a chilling effect on people deciding to seek treatment.

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