Recently published in Arkansas Law Review (69 Ark. L. Rev. 988 (2017)):
By J. Thomas Sullivan, Professor, University of Arkansas at Little Rock School of Law.
Synopsis:
The seemingly increasing frequency of mass shootings in America has raised national conversations about the relationship between mental health and violence. This article addresses the scope of the duty owed by Arkansas medical professionals to protect non-patient third parties from the violent or criminal behavior of their patients. The article begins with a broad survey of the Tarasoff doctrine and its acceptance, expansion, or rejection across different states. The article then focuses specifically on what, if any, duty is owed by medical professionals to third parties in the state of Arkansas after a recent and troubling decision by the Arkansas Court of Appeals which seems to have provided more questions than answers.
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