The Psychiatrist's Dilemma

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Abstract
Whether or not psychiatrists are able to assess accurately the dangerous propensities of their patients, they face liability for decisions based on these predictions. Balancing public safety and cost to liberty has been delegated to psychiatrists without adequate legal or professional standards. Some jurisdictions have some standards restricting commitment, but even where commitment is not statutorily permitted, other liability has been found. Until society is confronted with the costs of guaranteeing public safety, the status quo will continue. The author suggests that until adequate legal standards are established or immunity for discretionary judgments is granted, psychiatrists should use a very low threshold of dangerousness for a basis for protective action. By refusing to take risks, psychiatrists could effect legal reform.

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