Provides that a physician, social worker, psychiatric nurse, psychologist or other mental health professional, a mental health hospital, a community mental health center, clinic, institution or their staff shall not be liable for damages in an civil action for failure to warn or protect any person against a patient’s violent behavior. Any such persons mentioned shall not be held civilly liable for failure to predict such violent behavior, except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons….
except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons….
except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons…
except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons.!!!!!!!!!!!!!!!
I posted this a while ago but write-to-jame-holme suggested I reblog and I am doing so because it's relevant now :)
Why I feel Fenton MIGHT be the “lay” witness
I am so pumped for this to finally be happening.. all this time and we will finally be getting the information we deserve and need to hear! I don’t think we all truly realize the impact some of this information may have on us.. I feel a lot of opinions and dreams of “loving” James Holmes are going to be changed and crushed.. lol. But with this witness business .I dont think we can rule out Fenton entirely yet just because they are referring to the witnesses as “lay” witnesses. Fenton TECHNICALLY is not a professional or expert on James mental state, according TO the state, because she is only a PRESCRIBING doctor, a psychiatrist, not a psychologist. Fenton has a degree in Medicine, not a doctoral-level degree in psychology, therefor making her just an “ordinary” person with personal experience with the defendant (James) when it comes to his mental state. If she had been an actual psychologist she would be, indeed, an expert witness, but she is not. The prosecution is also kind of being smart and sneaky by putting it out there, if the witness is indeed Fenton, that they are referring to her as a “lay” witness, because that is automatically discrediting her as someone that can professionally talk about James state of mind, and eliminate the doctor-patient privileged relationship issue as well, that we know has been up in the air regarding the notebook James sent to Fenton. If the prosecution really wanted to be vindictive, and Fenton is the “lay” witness, when the issue of the notebook comes back up, and the Judge is still weary of if it is or isn’t privileged material based on the patient-doctor relationship privacy, the prosecution can say that his honor inadvertently admitted she was not a professional or a psychologist when he allowed her to be referred to as a lay witness in the status conference hearing regarding the p35 motion discussion. I hope I didn’t loose anyone there.. because now that I actually type and say this out, it really sounds like it could be Fenton. In my opinion though, of course. So, if not Fenton, who does everyone think these two witnesses might be??