mental health malpractice claim Archives - Medical Malpractice Lawyers

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[...]

New York Appellate Court Refuses To Extend Liability To Physician Who Treated Mental Health Patient Who Later Killed Her Son

May 9, 2021

The New York State Supreme Court, Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum And Order dated March 19, 2021: “it is well established that the law cannot provide a remedy for every injury incurred . . . Were we to extend defend[...]

Florida Appellate Court Affirms Dismissal Of Mental Health Malpractice Claim Arising From Parkland School Shooting

September 16, 2020

In its May 27, 2020 opinion, the District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) stated, “Florida law does not recognize a duty of mental health providers to warn third parties that a patient may be dangerous. This is because of “the i[...]

$630K College Student Suicide Malpractice Verdict Involving Iowa State’s Counseling Center

October 2, 2019

On August 14, 2019, an Iowa medical malpractice jury returned its verdict in the amount of $630,000 for the negligence of Iowa State University’s Counseling Center, which was reduced by 50% for the negligence of the Iowa State student who committed suicide after obtaining mental health counsel[...]

Man Sues Former Mental Health Therapist For Allegedly Seeking To Engage In Sexual Relationship

September 28, 2019

An Oregon man who was being treated for PTSD by a mental health therapist has filed a mental health malpractice lawsuit against his former therapist and her employer, seeking $2.1 million in damages, for allegedly violating her professional standards by seeking to start a sexual relationship with hi[...]

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 [...]

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[...]

Georgia Prison Sued For Inmate’s Failed Suicide Attempt, Medical Negligence

November 26, 2016

Earlier this month two Georgia lawsuits were filed on behalf of a Georgia prison inmate by his mother, alleging that prison correctional staff and prison medical staff were negligent and that their negligence left her son in a near-comatose state after his failed suicide attempt while locked in his [...]

Washington Mental Hospital Settles Patient On Patient Assault Case

June 23, 2016

A Washington State mental hospital has agreed to settle a Washington medical malpractice case filed against it that alleged that it was negligent when it failed to monitor and protect a patient admitted for observation that led to his suffering a severe assault that was committed by another patient.[...]

Kansas Appellate Court Allows Medical Malpractice Case Involving Suicide To Proceed

April 9, 2016

In its unreported decision filed on March 18, 2016, the Court of Appeals of the State of Kansas (“Kansas Appellate Court”) reversed the dismissal of a Kansas medical malpractice case involving the suicide of a 28-year-old man who committed suicide shortly after being discharged from a st[...]

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