Duty of Mental Health Care Providers to Restrain Their Patients or Warn Third Parties, The

When should liability be imposed upon those who fail to prevent injury or ring the alarm bell? This article addresses two well worn and hotly debated issues from a Missouri perspective. First, should physicians, other mental health care providers, mental health care hospitals, and other facilities be liable for either: (1) the failure to restrain a patient, or (2) the release of a patient who subsequently injures an individual member of the general public? Second, should there be liability for failure to warn specific third persons, members of law enforcement, other officials, or the public generally in such situations?