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Trial Tactics in Psychiatrist Liability Cases
When handling a case against mental-health professionals such as psychiatrists, psychologists or social workers, there are special considerations that should be kept in mind. The average juror may not be aware of the extent of mental-health professionals' duty to protect innocent third parties from their dangerous patients, and they may be reluctant to hold these professionals responsible. Following are some strategies that will help to get the plaintiff's point of view across to the fact finder.
Voir Dire
You need to make sure that the jury accepts the concept that a professional can be liable where the harm occurs as a result of a deliberate, intentional act of a patient. The jury needs to know during voir dire that the case is only about the civil liability of the professional ' the question is whether he or she did his or her job, and not whether the psychiatric patient is criminally liable. Make it clear that the criminal part of the case is over. Ask the jurors to state affirmatively that they could hold a therapist liable for not doing his job even where a murder is carried out by one of his patients. If they cannot, they obviously are not good jurors for the plaintiff.
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