Pa. Supreme Court Set to Eye Admissibility of Hospital's Knowledge of Patient's Sex Offender Status
The justices will have a chance to review the Pennsylvania Superior Court's determination that the information should be discoverable, finding that neither the the MHPA, nor the psychotherapist-patient privilege prevented the operators of the mental health facility from answering a request for admissions.
February 11, 2021 at 02:51 PM
4 minute read
The Pennsylvania Supreme Court has agreed to consider whether a hospital facing a personal injury claim will need to answer questions about when it learned that one of its patients, who later went on to assault another patient, was a sex offender.
The justices on Wednesday granted allocatur in the case, captioned Pasquini v. Fairmount Behavioral Health Systems, to determine whether that information is discoverable, or if it must be kept confidential under the Mental Health Procedures Act. Specifically, the justices agreed to take up the question, "Is a provider's knowledge of a patient's status as a registered sex offender, which may have been obtained from therapeutic communication with the patient, confidential under the MHPA and privileged pursuant to the psychiatrist/psychologist privilege?"
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