Question

Please check my answer thanks :)

A Dr is treating a pt for schizophrenia he tell the dr that he plans to kill Sally when he is relased from the hospital the believes that but he does not contact Sally. Sallty then sues the doctor the basis of her cliam is what..

I said Failure to warn

Answer 1

The doctor has no obligation to contact Sally. The doctor has an obligation to notify police authorities if he thinks a crime is going to take place, but the details of what is reported depends on local jurisdictional law. In the most restrictive law, the doctor can report that a threat has been made on Sally by one of his patients, name undisclosed. In some states the doctor can report to the police the name of the patient, and that he/she is mentally unstable.
You did not mention if Sally was harmed or not, that is a big factor here, as should the Doctor have had a reasonable expectation of harm. Most of this is based in English common law, and in the end, juries make determinations of damage on common law.

See: http://www.enotes.com/everyday-law-encyclopedia/doctor-patient-confidentiality

Answer 2

the pt is relased from the hospital and attacks Sally so the basis of the cliam would than be battery ?