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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[...]

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[...]

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 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 [...]

Pennsylvania Appellate Court Allows Mental Health Malpractice Case To Proceed

February 1, 2017

In its decision filed on January 17, 2017, the Superior Court of Pennsylvania held that the trial court erred in dismissing the plaintiff’s mental health medical malpractice case, finding that the plaintiff had sufficiently pled gross negligence in her Pennsylvania mental health malpractice co[...]

Kaiser Sued Over Access To Mental Health Benefits

November 2, 2013

On October 3, 2013, a lawsuit seeking class-action status was filed against the Kaiser Foundation Health Plan (“Kaiser”) in California by three plaintiffs who allege on their own behalf and on behalf of potentially thousands of other patients that Kaiser is failing to properly treat pa[...]

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Tag: mental health malpractice lawyers