mental health malpractice Archives - Medical Malpractice Lawyers

Connecticut Hospital Sued For Wrongful Death Of Restrained Patient In Mental Crisis

August 19, 2025

On June 5, 2025, a medical malpractice wrongful death lawsuit was filed in a Connecticut state court by the administrator of the estate of a patient who died while she was a restrained patient receiving mental health crisis care in a hospital. The Complaint states, in part: On the evening of April 2[...]

Pennsylvania Supreme Court Finds Potential Liability Of Defendants Under MHPA

June 23, 2025

Pennsylvania’s Mental Health Procedures Act (“MHPA”), 50 P.S. §§ 7101-7503, which was enacted in 1976, is a comprehensive and sweeping reformation of Pennsylvania’s laws governing the treatment of those afflicted by severe mental illness. The MHPA specifically distinguishes between vol[...]

New Jersey Appellate Court Dismisses Premature Release Psychiatric Malpractice Case

April 16, 2025

The plaintiff in a New Jersey mental health malpractice case claimed that the defendants prematurely released her sister (“J.V.”) from their care after J.V. was treated for seventeen days on a voluntary admission basis for psychiatric care at the defendants’ facility. The day after[...]

Georgia Appellate Court Holds Mental Health Doctors Not Responsible For Patient’s Drowning Death

May 31, 2024

Following the death of Elzabad H. Ferguson III (“Chaz”), his parents, Elzabad H. Ferguson, Jr. and Wilhelmena Ferguson, filed an action against Blaire Bowers, D.O.; Steven Currier, M.D.; and Augusta Physicians Group, LLC, based on emergency mental health care they rendered to Chaz. Shortly after[...]

86% Of New York Mental Health Providers Are “Ghost” Providers

February 15, 2024

The New York Attorney General Office issued a report on December 7, 2023 entitled “Inaccurate and inadequate:Health plans’ mental health provider network directories” that stated: “Of the total 396 [mental health] providers called across all plans, callers were offered appointmen[...]

Illinois Supreme Court Holds Medical Malpractice Law Firm Not Liable To Client For Public Disclosure Of Client’s Mental Health Information After Trial

February 3, 2024

Background Facts The defendant law firm represented Doe in a medical malpractice action against a hospital and other medical staff. During that litigation, the evidence established that, after Doe was admitted to the emergency room of the hospital, he attempted suicide by stabbing himself multiple t[...]

$8.5M Georgia Mental Health Malpractice Verdict For Suicide

December 17, 2023

In October 2023, a Georgia mental health malpractice jury returned its verdict in the amount of $8.5 million for the suicide death of a patient being treated with anti-anxiety and antidepressant medications but was not properly monitored by his primary care physician while taking the prescribed medi[...]

Indiana Appellate Court Finds Claim Against Residential Treatment Facility Covered Under Medical Malpractice Act

October 22, 2023

Shane Willingham alleged in his breach of contract complaint, “In the early morning of July 25, 2020, an Anderson Center employee located Plaintiff in the room of a female resident. On this and prior occasions the two had had sex. Their relationship should have been impossible had The Anderson[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

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[...]

Indiana Appellate Court Rules Mental Health Providers May Be Liable For Patient Killing His Grandfather

December 28, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its November 12, 2021 opinion in a mental health malpractice case where a patient killed his grandfather: “the imminent danger prong allows consideration of all Zachary’s conduct and statements during the month l[...]

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 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[...]

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Tag: mental health malpractice