Mental Hospital Medical Malpractice Archives - Page 3 of 4

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[...]

Pennsylvania Appellate Court Finds No Liability Of Physicians Under MHPA For Voluntary Outpatient Mental Patient’s Shooting Spree

January 24, 2019

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 Procedures Act] have acted with [...]

Massachusetts Supreme Judicial Court Rules In Favor Of Psychiatric Hospital

September 15, 2018

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 to all persons who came in contact with him that[...]

Connecticut Supreme Court Nixes Medical Malpractice Case Against State Mental Health Facility For Patient’s Murder Of His Mother

September 4, 2018

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 that the woman on whose b[...]

Pennsylvania Appellate Court Allows Claim Against Mental Health Professionals Where Patient Killed Neighbor

August 5, 2018

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 mental health patie[...]

Maryland’s Highest Appellate Court Applies Immunity In Overturning Suicide Medical Malpractice Verdict

July 14, 2018

The Court of Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s highest appellate court, held in its opinion filed on July 12, 2018 that “the process of involuntary admission begins with the initial application for involuntary admission of an individual and[...]

« 1 2 3 4 »

Category: Mental Hospital Medical Malpractice