Hunter Area Health Services v Presland: Liability of Mental Health Services for Failing to Admit or Detain a Patient With Mental Illness

In Presland v Hunter Area Health Services [2003] NSWSC 754; BC200304853, the NSW Supreme Court on 21 August 2003 entered judgment for a patient, Kevin Presland, against the Hunter Area Health Service and a psychiatry registrar for injury suffered by reason of their negligent failure to care for Presland and, in particular, to detain him in hospital under provisions of the Mental Health Act 1990 (NSW). By a majority, the NSW Court of Appeal overturned the decision on 21 April 2005 (Hunter Area Health Services v Presland [2005] NSWCA 33; BC200502326). Judgments in the appeal decision explored the duty of care (both at common law and under the Mental Health Act 1990 (NSW)) owed to a patient who presents for psychiatric assessment. The decision confirmed that a litigant suing for negligence will not recover damages for pain and suffering and economic loss caused as a result of not being admitted for treatment of a mental illness before committing a violent offence.