Jablonski by Pahls v. United States, 712 F.2d 391 (9th Cir. 1983)

Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 is a landmark case in which the 9th Circuit Court of Appeals determined that a mental health professional

Mental health professional

A mental health professional is a health care practitioner who offers services for the purpose of improving an individual's mental health or to treat mental illness. This broad category includes psychiatrists, clinical psychologists, clinical social workers, psychiatric nurses, mental health...

's duty to predict dangerousness includes consulting a patient's prior records, and that their duty to protect

Duty to protect

The duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn intended victims, and if necessary,...

 includes the involuntary commitment

Involuntary commitment

Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....

 of a dangerous individual; simply warning the foreseeable victim is insufficient.

Facts

Mr. Jablonski was dating Ms. Kimball but had threatened to kill her and her mother (Ms. Pahls). After one incident that culminated in a threat towards her mother, she took him to the Loma Linda VA Hospital, where the doctor conducted a risk assessment, but did not consult his prior records; which documented a history of violent behavior. Based on this incomplete data, he determined erroneously that Jablonski was not a danger to himself or others and released him. He warned Ms. Kimball to leave Jablonski but did not warn her of his potential for violence. When he was released, he killed her.

Ruling

The court ruled that the doctor's failure to secure the patient's previous records constituted negligence, as the information in his files would have affected the risk assessment and thus the actions taken to protect the foreseeable victim.

Legacy

The legal precedent set by this case extends the duty of the mental health professional to secure previous records when conducting a risk assessment, and the duty to protect to include the involuntary hospitalization of a dangerous individual.