A recent case in the United States District Court for the Southern District of New York has extended the scope of potential liability for mental health institutions and practitioners.
In Rivera v. New York City Health & Hospitals Corp.,[1]� the court addressed the question of whether mental health care providers and homeless shelters owe a duty to the general public to take measure to prevent a psychiatric patient from harming others.[2]� The court examined New York State law and concluded that no bright-line rule protects either mental health practitioners or homeless shelters from liability under such circumstances. Thus, a determination of liability in such cases must turn on an examination of the facts. The decision expands the potential liability of mental health providers and could motivate them to seek civil commitment more frequently.
