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Law and Psychology

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Cleveland State University

1997

Ohio Revised Code

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Full-Text Articles in Law

The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon Jan 1997

The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon

Cleveland State Law Review

Considered by some in the mental health profession as the imposition of an onerous duty, the Ohio Supreme Court's decision in Estates of Morgan v. Fairfield Family Counseling Center represents an extension of the recognized legal duty imposed upon mental health practitioners who treat inpatients to those who treat outpatients. This created a uniform standard. The article begins in Part II by describing the story of a psychiatric patient, Matt Morgan. Part III then discusses the duty to control in the outpatient setting by going through traditional tort analysis, stare decisis, strict statutory application, and civil procedure. Part IV concludes …