Please check my answer thanks :)
A Dr is treating a pt for schizophrenia he tell the dr that he plans to kill Sally when he is relased from the hospital the believes that but he does not contact Sally. Sallty then sues the doctor the basis of her cliam is what..
I said Failure to warn
The doctor has no obligation to contact Sally. The doctor has an obligation to notify police authorities if he thinks a crime is going to take place, but the details of what is reported depends on local jurisdictional law. In the most restrictive law, the doctor can report that a threat has been made on Sally by one of his patients, name undisclosed. In some states the doctor can report to the police the name of the patient, and that he/she is mentally unstable.
You did not mention if Sally was harmed or not, that is a big factor here, as should the Doctor have had a reasonable expectation of harm. Most of this is based in English common law, and in the end, juries make determinations of damage on common law.
See: http://www.enotes.com/everyday-law-encyclopedia/doctor-patient-confidentiality
the pt is relased from the hospital and attacks Sally so the basis of the cliam would than be battery ?
Your answer of "failure to warn" is correct. When a patient expresses a clear intention to harm a specific individual, especially if it is considered a credible threat, the doctor has a legal and ethical responsibility to protect the potential victim. This duty to warn or protect is commonly known as the Tarasoff duty, named after a landmark court case in California.
To arrive at this answer, you would need to have an understanding of the duty to warn doctrine and its relevance in this situation. In general, the duty to warn arises when a healthcare professional reasonably believes that there is a serious threat of harm to an identifiable individual. If the doctor in this scenario was aware of the patient's plan to harm Sally but failed to take appropriate action to warn or protect her, it can be the basis for a lawsuit.
It is important to note that different jurisdictions may have variations in their duty to warn laws, so it is always advised to consult local laws and regulations to determine the specific legal obligations of healthcare professionals in a given jurisdiction.