Liability of Psychiatrists for Failure to Certify: Presland v Hunter Area Health Service and Dr Nazarian [2003] NSWSC 754

Abstract

An area which has long been unclear in medical malpractice law has been the extent of the liability of psychiatrists and psychiatric hospitals for releasing a person prematurely with the result that either they or someone else is harmed. In a controversial decision of the New South Wales Supreme Court, Presland v Hunter Area Health Service and Dr Nazarian [2003] NSWSC 754, a person released from psychiatric confinement killed a relative and then successfully sued the Area Mental Health Service and his psychiatrist. The decision was the subject of prompt appeal into the New South Wales Court of Appeal. This case commentary, however, assesses the potential ramifications of the substantial decision of the trial judge, Adams J.