Marshall v. Klebanov

N.J.S.A. 2A:62A-16a specifically provides that “[a]ny person who is licensed ... to practice ... psychiatry ... is immune from *41any civil liability for a patient’s violent act against ... himself unless the practitioner has incurred a duty to warn and protect____” N.J.S.A. 2A:62A-16b makes clear that a mental health practitioner incurs a duty to warn and protect only when there is a threat actually communicated by the patient or the reasonable professional belief by the practitioner of “imminent, serious physical violence____” Read together, as they must, these provisions make clear that,…