California Court of Appeal

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BRAGG v. VALDEZ, B158819

A treating psychiatrist who releases a patient simply because that patient has no insurance, when the patient has been involuntarily committed under the Lanterman-Petris-Short Act (LPSA) as a danger to himself and others, may be liable to the patient and any person that patient injures. Immunities for treating psychiatrists contained within the LPSA are not applicable unless the treating psychiatrist complies with the requirements of the LPSA prior to releasing someone who is a danger to himself or others.

Appellate Information

  • Decided 08/18/2003
  • Published 08/18/2003

Judges

  •  MŨNOZ (AURELIO), J.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Matthew H. Haberkorn;  and Esner & Chang, for Plaintiffs and Appellants.

  • For Appellees:
  • Schmid & Voiles and Suzanne De Rosa, for Defendant and Respondent Vibuen Movsesian, M.D., Cotkin, Collins & Ginsburg, William H. Ginsburg, Los Angeles, and Terry L. Kesinger, Santa Ana, for Defendant and Respondent Juden Valdez, M.D.
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