Shrink found guilty of manslaughter after patient commits murder

SLM

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Mar 5, 2011
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Shrink found guilty of manslaughter after patient commits murder
By Jean-Francois Rosnoblet, Reuters

MARSEILLES, France - A French psychiatrist whose patient hacked an elderly man to death was found guilty of manslaughter on Tuesday in a groundbreaking case that could affect the way patients are treated.
A court in Marseilles said Daniele Canarelli, 58, had committed a “grave error” by failing to recognise the public danger posed by Joel Gaillard, her patient of four years.
Gaillard hacked to death 80-year-old Germain Trabuc with an axe in March 2004 in Gap, in the Alps region of southeastern France, 20 days after fleeing a consultation with Canarelli at Marseilles’s Edouard Toulouse hospital.
Canarelli was handed a one-year prison sentence and ordered to pay 8,500 euros to the victim’s children, in the first case of its kind in France. Defence lawyers said the ruling would have serious repercussions for treatment of the mentally ill.
“If a psychiatrist lives in fear of being sentenced, it will have very real consequences and probably lead to harsher treatment of patients,” said Canarelli’s lawyer, Sylvain Pontier.
The court said Canarelli should have requested Gaillard be placed in a specialised medical unit or referred him to another medical team, as one of her colleagues suggested. Her stubborn refusal had equated to a form of “blindness”, the court president Fabrice Castoldi said.


Gaillard had already been forcibly committed to a secure hospital on several occasions for a series of increasingly dangerous incidents.
The victim’s son, Michel Trabuc, said he hoped the case would set a legal precedent.
“There’s no such thing as zero risk, but I hope this will move psychiatry forward and, above all, that it will never happen again,” he said.
Gaillard was not held responsible for his actions and was freed under medical supervision.



Shrink found guilty of manslaughter after patient commits murder - World - Canoe.ca


Ok, I know it's France but first of all, WOW!



Second of all, the psychiatrist gets one year in jail for not having her patient locked up, but the patient...


Gaillard was not held responsible for his actions and was freed under medical supervision.

?????
 

SLM

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Mar 5, 2011
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A little misplaced guilt?

Misplaced guilt or not, why would they leave the guy out of an institution when they are sending her to jail for not sending him to an institution in the first place? Were they drinking heavily when they rendered the verdict?
 

L Gilbert

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Misplaced guilt or not, why would they leave the guy out of an institution when they are sending her to jail for not sending him to an institution in the first place? Were they drinking heavily when they rendered the verdict?
I meant a misplaced charge of guiltiness. Personally, I think they had been smoking something illegal. To me it'd be like blaming the mechanic for someone falling asleep at the wheel and causing a crash. A bit odd, IMO.

psychiatrists should be charged if their patients commit an offence while on drugs recomended by them.
refer to my thread re SSRIs
http://forums.canadiancontent.net/u...y-popular-belief-post1689391.html#post1689391
It would depend upon the drug and the dosage abnd whether the patient (or their caregiver) was following instructions.
 

JLM

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