Photo: Chinnapong/Shutterstock.com Pa. Appellate Court Ruling May Signal Shifting Mindset Over Liability for Suicides
"Just as there are standards of care relevant to patients presenting with chest pain, there are standards of care that medical professionals apply when patients present with thoughts of self-harm or suicide," Superior Court Daniel McCaffery said.
August 31, 2021 at 04:30 PM
5 minute read
Health Care
A recent decision by the Pennsylvania Superior Court greenlighting claims against two mental health care providers for allegedly failing to prevent a suicide may have broader ramifications for litigators who practice in the field, according to an attorney involved the case.
On Aug. 24, a three-judge Superior Court panel affirmed a trial court decision that rejected preliminary objections seeking to toss the case Henry v. Colangelo. The 10-page unpublished decision holds the plaintiffs provided sufficient support to their claims to survive at this early stage in the ligation. But, according to Mark Tanner of Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig, who is representing the plaintiff, the ruling is significant for its analysis of how to apply the 1989 Superior Court decision McPeake v. Cannon, which outlines the narrow exceptions for when a party can bring a suicide-related claim.
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