Suzanne Utke and Alexandria Ator

    Successfully retried a case remanded by the Supreme Court of Pennsylvania involving the Mental Health Procedures Act by representing a Psychiatrist performing a Psychiatric Evaluation on a patient with mental health disorders during his admission to a drug detoxification and rehabilitation facility. The lawsuit filed alleges that the "cocktail" of medications prescribed for detoxification created a lethal combination for the plaintiff and that a cardiac condition was missed by the ED staff. As a Psychiatrist performing a Psychiatric Evaluation, the Mental Health Procedures Act (MPHA) was implicated, increasing the burden of proof for the Psychiatrist to that of actions of willful, wanton, reckless conduct. The Trial Court ruled that the prior Supreme Court Opinion prevented the application of the MPHA in this instance. The burden of proof remained as ordinary negligence as to all defendants. The jury rendered a unanimous defense verdict in approximately 45 minutes. No appeal was filed.

    back to top