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… Read More
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Minnesota Appellate Court Remands Mental Health Provider Malpractice Lawsuit For Suicide/Familicide
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… Read More
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Pennsylvania Supreme Court Relieves Mental Health Professionals From Liability Under Certain Circumstances
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,… Read More
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Pennsylvania Supreme Court Affirms Mental Health Provider’s Liability For Psychiatric Patient’s Harm To Others
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…. Read More
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Pennsylvania Supreme Court Holds Mental Health Immunity May Not Apply To Drug Rehabilitation
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. §§7101-7503,… Read More
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South Carolina Lawsuit Alleges Improper Restraint Of Psychiatric Patient Caused His Suffocation Death
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… Read More
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Pennsylvania Appellate Court Finds No Liability Of Physicians Under MHPA For Voluntary Outpatient Mental Patient’s Shooting Spree
The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its opinion filed on December 31, 2018 “that while a plaintiff may maintain a cause of action where the parties treating or examining a patient under the MHPA [Mental Health… Read More
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Massachusetts Supreme Judicial Court Rules In Favor Of Psychiatric Hospital
The Massschusetts Supreme Judicial Court decided in its August 14, 2018 opinion, in a psychiatric malpractice case in which the plaintiffs alleged that by releasing a patient eleven days after his commitment when there was a likelihood of serious harm… Read More
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Connecticut Supreme Court Nixes Medical Malpractice Case Against State Mental Health Facility For Patient’s Murder Of His Mother
In its opinion released on August 14, 2018, the Connecticut Supreme Court held that the trial court properly granted the defendant’s motion to strike the plaintiff’s complaint, as that court lacked jurisdiction over the plaintiff’s action because it was undisputed… Read More
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Pennsylvania Appellate Court Allows Claim Against Mental Health Professionals Where Patient Killed Neighbor
In its opinion filed on June 29, 2018, the Pennsylvania Superior Court (“Pennsylvania Appellate Court”) ruled that the lower court had properly allowed the wrongful death claim against the defendant mental health professionals to proceed where a homicidal and suicidal… Read More
