The Pennsylvania Superior Court has reinstated a lawsuit against a hospital over claims it was grossly negligent in allowing a suicidal patient to leave the facility and end her life by walking into oncoming traffic.
A three-judge panel of the court Tuesday issued a precedential decision in Martin v. Holy Spirit Hospital finding that, although the hospital was entitled to limited immunity under the Mental Health Procedures Act, the plaintiff pleaded facts that could lead a jury to conclude the hospital’s conduct was grossly negligent, a finding that would overcome the immunity. The ruling reversed a decision by the Cumberland County Court of Common Pleas that tossed the case on preliminary objections.
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