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How to Handle Therapist Liability Cases for the Plaintiff

By Joshua D. Koskoff

It is the day after their daughter Elaine, 24, was murdered in her bedroom by her ex-boyfriend Jim. Elaine's stunned parents are in court at Jim's arraignment. They listen to the prosecutor detail the crime as told by Jim in his confession. The prosecutor explains how Jim was despondent over his break-up with Elaine. How Jim took his father's gun. How Jim ' well liked by Elaine's family ' had a key to their small colonial home. The prosecutor explains how Jim entered the home with the gun tucked in a gym bag. How nobody was home and that he went upstairs to Elaine's bedroom. He explains that Elaine and her younger sister returned to the home, and started upstairs. He explains that Jim heard them and hid under a sink. He then details the encounter with Elaine. How Elaine spotted Jim under the sink, yelled to her sister to get out, saw the gun and held her hands up defensively.

Elaine's parents listen as the prosecutor details the firing of six bullets from the gun ' all striking their daughter. The parents then hear the prosecutor say that Jim has confessed to the murder. In his confession, Jim reported that he had been seeing a therapist “for the past month” and that he had been telling his therapist about his thoughts of killing Elaine and himself. It is reported by the prosecutor that when a prior relationship ended, Jim ' a veterinarian ' strangled his ex-girlfriend's cat. They get the sinking feeling that the murder of their daughter was preventable, and they then consult our firm.

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