Homicide committed by psychiatric patients: Psychiatrists’ liability in Italian law cases

Abstract

Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients.

Trends and Methods of Suicide in Italy, 1979 to 2016

“…The reduction in the number of gunshot suicides appears to be a consequence of the overall reduction in the number of suicides observed rather than the consequence of prevention strategies targeting this method of suicide. In fact, Italian legislation has not changed over the years in the period considered, although undoubtedly, a case of homicide-suicide by firearm, in which the physician who authorized the possession of the gun by the murderer was found guilty of manslaughter, sparked a debate at the judicial level and probably among clinicians releasing licenses to possess a firearm (Terranova & Rocca, 2016).…”

Female Homicide in Italy in 2021: Different Criminological and Psychopathological Perspectives on the Phenomenon

“…Unfortunately, the common use of sharp forces poses a difficulty when it comes to preventing such crimes, as the homicide is perpetrated using objects that are in common use. The data concerning the use of firearms, which was the second most common method of homicide in this study, are more interesting from the preventive perspective, as Italian legislation only allows a firearm to be used following the issuance of a license approved by a physician [ 37 ]. It is interesting to note that 72% of the perpetrators who committed homicide using a firearm were aged 65 years or older.…”

Community mental health services and responsibility of psychiatrists in Italy: Lessons for the globe

“…Recently, the Cassazione Penale passed judgments on the therapeutic relationship between patients and their psychiatrists, patients' control and rights and patients' informed consent for treatments and compulsory treatments. In particular, the Cassazione Penale recognized a 'warranty position' for all psychiatrists especially for extreme situations such as suicide and homicide (Lamsma & Harte, 2015;Terranova & Sartore, 2013 (Terranova & Rocca, 2016). This was a surprising judgment which showed slightly different position and interpretation of the Italian law on the responsibility of psychiatrists in disagreement with Law 180/1978 and its previous statements.…”

“…In particular, the Cassazione Penale recognized a 'warranty position' for all psychiatrists especially for extreme situations such as suicide and homicide (Lamsma & Harte, 2015;Terranova & Sartore, 2013 On 27 January 2006, Court in Bologna and Cassazione Penale condemned the involved psychiatrist for manslaughter for his patient's homicide (Terranova & Rocca, 2016). This was a surprising judgment which showed slightly different position and interpretation of the Italian law on the responsibility of psychiatrists in disagreement with Law 180/1978 and its previous statements.…”