MEDICAL MALPRACTICE-MENTAL HEALTH PROCEDURES ACT-IMMUNITY-GROSS NEGLIGENCE

January 25th, 2019 by Rieders Travis in Medical Malpractice

Leight v. Univ. of Pittsburgh Physicians, 2018 Pa. Super. LEXIS 1410 (December 31, 2018) Colville, J.-Order affirmed by the Superior Court dismissing the case. The Leighst do not allege that UPP or Pitt was negligent in its examination or treatment of the patient while he was an involuntary patient or out-patient, or voluntarily in-patient at any facility. The Leights attempt to expand the scope of the MHPA by asserting a treatment decision on a voluntary out-patient basis establish a duty on UPP that Pitt to protect an individual from the patient. Shick, the patient, killed one person and injured several others including plaintiff Kathryn Leight at Western Psychiatric Institute and Clinic. 

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