Patient litigation following a homicide-implications for the assessment and management of risk

Abstract

Recently a Health Services trust in the UK made an out-of-court settlement of a patient's claim that he had been negligently discharged into the community. During the post-discharge period, the patient had killed a member of the public, and was subsequently admitted to an English special hospital. The trust's decision to settle the case was the cause of a great deal of comment both in the media and by government ministers. Similarly high-profile cases, brought by discharged patients, are being pursued in the courts at present. The authors examine these cases and look at the experience of jurisdictions in the US where civil litigation has for some time had a significant impact on practice. Consideration of these cases includes an assessment of the role that litigation plays in the development of the practice of risk assessment and management.