• The Commonwealth of Massachusetts has passed a new law that requires all Medical Health Professionals, (hereinafter MHP) which includes but is not limited to medical doctors, psychiatrists, social workers, and sociologists to notify the State Attorney General’s office of anyone under their primary care who has exhibited definitive suicidal or homicidal tendencies, actions or affirmative plans.
• Within a reasonable period of time, the treating Medical Health Professional shall notify the Attorney General’s office of the patient’s name and the MHP’s specific diagnostic concern. Failure to comply with this law may result in up to five years in State prison and up to two thousand dollars in fine
• In response to this new law, Doctor Benzene had prepared a legal document which he has his secretary have all of his patients sign prior to their first session. Their signatures are all witnessed and notarized.
• The form states that Dr. Benzene, his office, staff, agents, and assigns are released from any and all liability associated with anything which is stated during a “therapy session” with the Doctor. The patient further states that any and all statements, comments, analogies, or anecdotes made by the patient are to be considered for all purposes to be part of a hypothetical discussion on a given topic. No statement comment, analogy or anecdote shall be considered the actual feelings or statements attributable to the patient unless and until the Doctor specifically inquires as to the patient’s actual true current feelings and the patient responds that the statement, comment, analogy, or anecdote is the patient’s actual current feeling. The patient agrees and understands that the Doctor is under no obligation to make such an inquiry.
• During a recent therapy session with Dr. Benzene, Mr. Johnson stated how he thought that committing suicide was a viable means of ending a person’s financial problems and that he has calculated that if one were to drive their car fast enough on the highway, and then suddenly swerve into the oncoming traffic the resultant accident would surely kill the driver despite to presence of an airbag in the car. He said his research indicated that at speeds in excessing of 90 mph the air bag is ineffective.
• At no time did Dr. Benzene ask if these were Mr. Johnson’s true feelings. Later that day, on his way home Mr. Johnson’s car swerved into the oncoming traffic. Witnesses stated that Mr. Johnson’s car was traveling excessively fast and then suddenly swerved across the double yellow line. Mr. Johnson’s car crashed headlong into another vehicle going the other way.
• The driver of the other car (Mrs. Spirelli) was immediately killed, and her seven-year-old child was severely injured. Mr. Johnson was not killed but is in a coma and may not survive. Mr. Johnson is the sole supporter of Mr. Johnson’s wife and two small children. Mr. Johnson has a one-million-dollar life insurance policy, but there is an exclusion in the policy for suicide.
Questions to answer
• You must tell me who can sue who and for what?
• You must analyze all legal issues and potential lawsuits, include in your analysis must be specific causes of action, defenses, ethical issues present, and the applicable ethical theory relevant to the situation being discussed.
