LINDA MILLER AND GEORGE MILLER, CO-ADMINISTRATORS OF THE ESTATE OF MARK MILLER, DECEASED; AND LINDA MILLER AND GEORGE MILLER, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs vs GEISINGER MEDICAL CENTER, THE GEISINGER CLINIC, GEISINGER HEALTH SYSTEM, SUCCESSOR IN INTEREST TO PENN STATE GEISINGER HEALTH SYSTEM, PENN STATE GEISINGER HEALTH SYSTEM, STEPHEN J. PAOLUCCI, M.D., SCOTT HOFFER, M.D., L.E. BAXTER, M.D., AND JAMES LAUFFLER, R.N., AND CHRISTINA WOLFE, RNC, Defendants, 78 Pa. D. & C.4th 467


Summary

Decedent was admitted to the mental health ward of the medical center for inpatient mental health treatment. He was primarily treated with medication. Three days after he was admitted, he died. The claimants sued the medical center, nurse, and the remaining alleged tortfeasors and alleged that the death of the decedent was the result of overmedication. The medical center, nurse, and remaining alleged tortfeasors moved for summary judgment, and asserted that they were immune from liability pursuant to the Mental Health Procedures Act, 50 Pa. Stat. Ann. § 7101 et seq. (Act). The trial court found that the immunity provisions of the Act covered treatment for other ailments while the patient was being treated for mental illness. As a result, it found that the issue in the case was whether the medical center, nurse, and remaining alleged tortfeasors were grossly negligent so as to relieve them of immunity. The trial court found that facts supporting a prima facie case had not been made out ...