Bragg

Plaintiffs appeal from the order of dismissal entered following the sustaining without leave to amend of the demurrer to their second amended complaint filed by defendants. Appellants contend the trial court erroneously ruled that a physician’s well-settled duty to exercise reasonable care to control the behavior of a patient who may endanger other persons is actionable only if that patient harms a readily identifiable plaintiff.

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

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On February 21, 2002, plaintiffs, Chris, Mark and John Bragg (Braggs) filed a second amended complaint for damages against Juden Valdez, M.D. (Valdez),…