Mental Hospital Medical Malpractice Archives - Medical Malpractice Lawyers

CEO Pleads Guilty To $17 Million DME Medicare Fraud

Indiana Appellate Court Holds Collateral Estoppel Did Not Apply In Case Against Mental Health Providers

August 14, 2022

On several occasions in December 2016 and early January 2017, the defendant mental health providers (“Providers”) rendered care and treatment to Plaintiff Zachary Miller (“Miller”) regarding his mental health issues. On January 9, Miller killed his grandfather. As a result, t[...]

New Jersey Appellate Court Applies Relation Back Doctrine In Allowing Counterclaim Of Former Patient Against Defendant Mental Health Facility

May 19, 2022

On December 7, 2017, plaintiff sustained severe bodily injuries near her home in Brooklyn, New York, when Michael Gitelis assaulted her. After knocking plaintiff to the ground, Gitelis jumped into her Toyota Camry, put the car in reverse, and struck her with the car. A day earlier, Gitelis had been [...]

Sequel Youth & Family Services LLC Faces Another Lawsuit Alleging Abuse Of Alabama Teen Under Its Supervision

March 7, 2022

On January 26, 2022, a lawsuit was filed on behalf of Tevin Pike against Sequel TSI of Alabama, Sequel TSI of Tuskegee, and Sequel Youth & Family Services LLC (“Sequel”), alleging that Pike was a former 15-year-old resident at an Alabama treatment facility for children run by Sequel [...]

Hawaii Lawsuit Alleges Wrongful Commitment To Psychiatric Hospital For Over Two Years

January 8, 2022

A civil rights lawsuit filed in Hawaii on November 21, 2021 by 50-year-old Joshua Spriestersbach alleges that he was wrongfully committed to a Hawaii mental hospital for two years and eight months in a case of misidentification. Spriestersbach was kept for more than two years at Hawaii State Hospita[...]

North Carolina Appellate Court Reinstates Mental Health Malpractice Lawsuit

August 21, 2021

In January 2017, Oliver Funez was involuntarily committed to a public hospital in Chapel Hill, North Carolina for six weeks where he was treated by Defendant Brian Robbins and other medical staff. Prior to his admission to the hospital, Oliver had displayed violent and aggressive behavior, manifeste[...]

New Hampshire Supreme Court Affirms Mental Health Patient’s Rights Were Violated

June 3, 2021

In its opinion dated May 11, 2021, the Supreme Court of New Hampshire (“New Hampshire Supreme Court”) stated: “The plain and ordinary meaning of RSA 135-C:28, I, RSA 135-C:29, I, RSA 135-C:29-a, and RSA 135-C:31, I, read in light of the purpose of RSA chapter 135-C and in the conte[...]

Texas Supreme Court Holds Mental Health Section 1983 Claim Subject To Texas Medical Liability Act’s Expert Report Requirement

May 4, 2021

The Supreme Court of the State of Texas (“Texas Supreme Court”) stated in its opinion delivered on April 16, 2021: “The questions before us are (1) whether claims asserted against a state mental health facility and its employees arising from the death of a patient, pleaded as claim[...]

Minnesota Appellate Court Remands Mental Health Provider Malpractice Lawsuit For Suicide/Familicide

March 13, 2021

The State of Minnesota Court of Appeals (“Minnesota Court of Appeals”) held in its opinion filed on February 16, 2021, “Because Short’s mental-health provider owed a duty of care to him as a matter of law, and because genuine issues of material fact exist as to whether Short’s [...]

Pennsylvania Supreme Court Relieves Mental Health Professionals From Liability Under Certain Circumstances

January 10, 2021

In its opinion filed on December 22, 2020, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) held: “we find that physicians are not liable under the MHPA [Mental Health Procedure Act (“MHPA”), 50 P.S. §§ 7101-7503] for considering, but not form[...]

Pennsylvania Supreme Court Affirms Mental Health Provider’s Liability For Psychiatric Patient’s Harm To Others

August 27, 2020

The Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”), in its Opinion filed on July 21, 2020, stated: “We consider the duty of mental health treatment providers to warn individuals who may be the subject of their patient’s threats. In the present appea[...]

Pennsylvania Supreme Court Holds Mental Health Immunity May Not Apply To Drug Rehabilitation

April 16, 2020

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”), in its opinion dated February 15, 2020, discussed the scope and application of the qualified immunity provided under Section 114 of the Mental Health Procedures Act (“MHPA”), 50 P.S. §§7101-75[...]

South Carolina Lawsuit Alleges Improper Restraint Of Psychiatric Patient Caused His Suffocation Death

November 27, 2019

On October 21, 2019, a Notice of Intent to File Suit was filed against the South Carolina Department of Mental Health, a psychiatric hospital, and others, alleging that “[s]everal facility staff members grabbed William from behind and threw him to the floor by his head and neck. As William lay[...]

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Category: Mental Hospital Medical Malpractice