Emerich v. Philadelphia Center for Human Development, Inc. case brief

Emerich v. Philadelphia Center for Human Development, Inc. case brief summary
720 A.2d 1032 (Pa. 1998)

SYNOPSIS: Appellant, relative of the deceased, challenged the judgment of the Court of Common Pleas of Philadelphia County (Pennsylvania), which granted appellees, healthcare providers and physicians, judgment on the pleadings, holding that appellees had no duty to warn the deceased of a patient's threat to harm her.

OVERVIEW: Appellees, healthcare providers and physicians, treated a patient with homicidal ideations to appellant's deceased. The patient informed appellees that he was going to kill the deceased. Appellees conducted a therapy session, and the patient later stated that he would not hurt the deceased. The patient later killed the deceased. Appellant brought a wrongful death action against appellees, arguing that they had a duty to warn the deceased of the patient's threat. The trial court granted appellees judgment on the pleadings, and appellant challenged the ruling.

HOLDING:
The court held that because appellees had a special relationship with the patient, they had a duty to inform the deceased about the patient's threat, after it was specifically made.

ANALYSIS:
The court determined that appellees were in the best position available to inform the deceased, and that the duty to warn would not violate the psychotherapist-patient privilege. The court reversed the trial court, and remanded for further proceedings.

OUTCOME: The court reversed the judgment of the lower court, and held that appellees, healthcare providers and physicians, had a duty to warn a third-party about threats made to her by a patient treated by appellees. The court concluded that the duty did not violate psychotherapist-patient privilege, and remanded for further proceedings.

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