Filing a complaint that could raise questions about the mental health of a plaintiff can be an implied waiver to the protections under the Mental Health Procedures Act, a divided state Supreme Court has ruled.
On Oct. 30, the court ruled 4-2 in Octave v. Walker that there is an implied waiver if a plaintiff reasonably should have known that filing the complaint would bring up mental health questions. The ruling establishes a new standard in an area of law that typically did not favor disclosure.
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