Emerich v. Philadelphia Center for Human Development, Inc.
720 A.2d 1032 · Supreme Court of Pennsylvania · 1998
Facts
Joseph, a mental health patient with a history of violence, threatened to kill his former girlfriend, Teresa Hausler, during a therapy session with counselor Scuderi. Scuderi advised Hausler, who called him, not to go to their former apartment. Hausler ignored the warning, went to the apartment, and was fatally shot by Joseph.
Issue
Did a mental health professional have a duty to warn a third party of a patient's specific threat of harm, and if so, was the counselor's warning to the victim in this case sufficient to discharge that duty, justifying judgment on the pleadings?
Holding
The court affirmed the judgment on the pleadings, finding that while a mental health professional does have a limited duty to warn, the counselor's specific warning to the identified victim in this case was reasonable and discharged that duty as a matter of law.
Rule
A mental health professional has a duty to exercise reasonable care to warn a specifically identified or readily identifiable third party when the patient communicates a specific and immediate threat of serious bodily injury against that party, and the professional determines, or should determine, the patient presents a serious danger. The warning must be reasonable under the circumstances.
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