MEMORANDUM

To: Bob Loblaw, Esq.

From: Nida Din, Paralegal

Date: March 10, 2024

Re: Duty to Notify and Potential Liability in the Case of Sue Flay and Dr. Rhea Curran

Questions Presented:

Did Dr. Rhea Curran owe a duty to notify Ryan Carnation under Florida Statute 491.0147(2)?

Could Wassamatta U. be liable for Dr. Curran's failure to notify?

Brief Answer:

Dr. Curran may have violated Florida Statute 491.0147(2) by not notifying Ryan Carnation of Sue Flay's violent intentions.

Wassamatta U. might face liability if they failed to supervise Dr. Curran adequately in fulfilling her duty to notify under the statute.

Relevant Statute:

Florida Statute 491.0147(2): Imposes a duty on mental health professionals to warn or take precautions regarding a specific threat of violence made by a patient.

Facts:

Sue Flay confided her intention to harm Ryan Carnation to Dr. Rhea Curran, a psychologist at Wassamatta U.

Dr. Curran, instead of notifying Ryan, suggested off-campus help for Sue, who later committed murder.

Ryan Carnation was found dead, and Sue is pursuing an insanity defense.

Discussion:

Duty to Notify (Florida Statute 491.0147(2)):

Analysis of Dr. Curran's Actions:

Dr. Curran's awareness of Sue Flay's explicit intent to harm Ryan Carnation creates a potential duty under the statute.

By failing to directly inform Ryan or take appropriate precautions, such as notifying law enforcement, Dr. Curran may have breached her duty.

Sue's Mental State:

The seriousness of Sue's threat, as indicated by her detailed plan, underscores the significance of Dr. Curran's duty.

Sue's subsequent criminal actions highlight the potential harm that could have been averted with proper notification.

Wassamatta U.'s Potential Liability:

Supervision and Training:

Universities have a responsibility to ensure that their medical professionals are aware of and comply with relevant statutes.

If Wassamatta U. failed to provide adequate supervision or training to Dr. Curran regarding her duties under the statute, they may face liability.

Institutional Policies:

The existence and enforcement of institutional policies related to duty of care and legal obligations in the context of mental health services will be critical in determining Wassamatta U.'s potential liability.

Counter Analysis:

Reasonable Judgment by Dr. Curran:

Dr. Curran may argue that she made a reasonable professional judgment by recommending off-campus help for Sue.

Mental health cases are often complex, and professionals must weigh various factors in determining the appropriate course of action.

University's Limited Control Over Individual Judgments:

Wassamatta U. might assert that while they provide comprehensive training and guidelines, they cannot control every judgment call made by individual professionals.

The university may argue that Dr. Curran's decision was an exercise of her professional discretion.

Complexity of Mental Health Assessments:

The university could highlight the inherent complexities of mental health assessments and the challenges in predicting specific violent actions.

Dr. Curran might argue that she took appropriate steps by suggesting off-campus help, considering the unpredictable nature of mental health issues.

Conclusion:

The counter analysis suggests that Dr. Curran might present a strong defense based on her professional judgment, the inherent complexities of mental health cases, and the steps she took in recommending off-campus help for Sue. Wassamatta U. could argue that they provide comprehensive training and guidelines but cannot micromanage every decision made by their mental health professionals.

In conclusion, while Dr. Curran's failure to notify Ryan Carnation raises legal concerns, the counter analysis highlights potential defenses. Wassamatta U.'s liability may depend on the extent of their supervision and training programs, as well as the existence and enforcement of institutional policies. Further legal examination, possibly involving mental health and university liability experts, is crucial for a comprehensive assessment of potential claims and defenses.

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