MARTIN HEIL AND ELIZABETH HEIL, H/W, Appellants v. IDEE BROWN, M.D., LYDIA SCHUT, M.D., SANTIAGO HERNANDEZ, PH.D., DAVID D. SPRINGER, M.D., MARTIN HEIL AND ELIZABETH HEIL, H/W, Appellants v. CENTRALIZED COMPREHENSIVE HUMAN SERVICES, INC. T/A/ JOHN F. KENNEDY COMMUNITY MENTAL HEALTH/MENTAL RETARDATION CENTER AND MAXINE WEINER; MARTIN HEIL AND ELIZABETH HEIL, H/W, Appellants v. IDEE BROWN, M.D. AND LYDIA SCHUT, M.D., SANTIAGO HERNANDEZ, PH.D., 443 Pa. Super. 502

Summary

Patient began treatment for mental illness with the appellees, Mental Health and Mental Retardation Center, and its mental health-care providers, on a voluntary outpatient basis. The symptoms of his mental illness worsened, and he was given a week supply of thorazine and told to return in one week and when he returned his treating physician was unable to see him and instead, patient was seen by his social worker. Although he appeared very agitated and was becoming increasingly paranoid, no steps were taken to initiate emergency hospitalization. The next day patient, while experiencing a psychotic episode, drove his car into a police van, driven by appellant officer, who was injured. Appellants argued that appellees breached their professional duty by failing to initiate the required emergency hospitalization and appellant's injuries were a foreseeable result. The court affirmed the judgment for appellees holding that negligence must be founded upon the foreseeability of harm to the ...