Emerich v. Philadelphia Center for Human Development: The new duty to warn in Pennsylvania

The Pennsylvania Supreme Court, in a case of first impression, recently addressed the duty of Pennsylvania mental health professionals to a non-patient third party.' Although the Court upheld the dismissal of the lawsuit on the pleadings prior to trial. the Court created a "duty to warn" specific, endangered third parties. The holding leaves much to be desired for mental health professionals trying to manage potentially violent patients. both in the community and the hospital.