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Law & Ethics for Clinicians Working With Children & Families

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Third Party Causes of Action<br />

Can a non-patient sue you? Generally, NO, but<br />

1. Diagnostic evaluators (Schwarz v. Regents<br />

of UC (1990)).<br />

2. Negligent infliction of emotional<br />

distress:<br />

a. Closely related;<br />

b. Present when injury occurs and is<br />

aware that it is harmful;<br />

c. Suffers emotional distress more than a<br />

disinterested witness (Thing v. La<br />

Chusa (1989))<br />

3. Reasonably <strong>for</strong>eseeable harm (Molien v.<br />

Kaiser, (1980))

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