Thursday, February 20, 2020

Pennsylvania Supreme Court Addresses Proper Application of Immunity Provisions Under Mental Health Procedures Act



In the case of Dean v. Bowling Green-Brandywine, No. 26 MAP 2019 (Feb. 19, 2020, Dougherty, J.), the issue before the Pennsylvania Supreme Court involved the scope and application of the qualified immunity provided under Section 114 of the Mental Health Procedures Act (MHPA), 50 P.S. sections 7101-7503.

According to the Opinion, the Plaintiff entered the Defendant's facility for drug addiction rehabilitation treatment.

The Pennsylvania Supreme Court concluded the Superior Court erred in affirming the entry of a compulsory nonsuit and held that immunity did not apply under circumstances presented in this case where: (1) the patient was admitted for and primarily received drug detoxification treatment; and (2) the patient did not receive treatment to facilitate recovery from a mental illness.
Consequently, the Court reversed and remanded the matter for further proceedings.

Anyone wishing to review this case may click this LINK.

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