Lackawanna County Court Finds a Psychiatrist Can Be Held Liable for Gross Negligence Under PA Mental Health Procedures Act in Absence of Common Law Duty to Warn Third Party

09.03.15

Judge Carmen D. Minora of the  Lackawanna Court Court of Common Pleas ruled that a wife held hostage by her  ex-husband was permitted to sue her ex-husband’s psychiatrist under the  Pennsylvania Mental Health Procedures Act (MHPA), thereby denying the defendant  psychiatrist’s motion for summary judgment (Rarrick  v. Silbert, 2002 CV 4951 (C.P. Lackawanna County Mar. 25, 2015). The court  found there was a question of fact as to whether the defendant psychiatrist’s  actions constitute gross negligence under the MHPA.

The plaintiff (ex-wife)  instituted the medical malpractice action against the defendants, including her  ex-husband’s psychiatrist and a behavioral health facility. Before her planned  move out of the family home (due to what the Court characterized as “the rapid  decline in marital and familial harmony resulting from her former husband’s  deteriorated mental state”), she called the doctor on “multiple occasions”  regarding her concerns about her former husband’s condition. She reported he “referenced  ‘guns and killing’” and specifically threatened her. In addition, the man’s  father called the doctor to alert him to the change in behavior. The day after  the calls, the plaintiff was held at gunpoint by her former husband. Later, the  father was taken hostage when he arrived at the house. Ultimately, the police  negotiated with the former husband and took him into custody.

The doctor filed a Motion for  Summary Judgment, arguing Pennsylvania law does not recognize a duty owed by  psychiatrists to protect unidentified third parties from the actions of mental  health patients. He also argued he was entitled to summary judgment since the  former wife was unable to meet the heightened burden of proof of gross  negligence, imposed by the MHPA. The court agreed with the doctor on the first  point, noting that under Pennsylvania common law, there exists only a narrow  duty owed by a psychiatrist to protect third parties against dangers posed by  their mental health patient. Specifically, “a duty to warn in this context exists  only where a specific and immediate threat of serious bodily injury has been  conveyed by the patient to the professional regarding a specifically identified  or readily identifiable victim.”

Although the Court agreed  with the doctor that no duty to warn was owed to the plaintiff, the Court  denied Motion for Summary Judgment, relying on the MHPA. Judge Minora held that  a reasonable jury could find the doctor’s actions constituted gross negligence  under the MHPA, which the Court examined separately from the common law duty to  warn. The Court stated the MHPA “provides that no physician shall be held  civilly or criminally liable absent willful misconduct or gross negligence,”  defined as “negligence where the facts support substantially more than ordinary  carelessness, inadvertence, laxity or indifference.” In support of this  conclusion, the Court cited the following: (1) The plaintiff called the doctor  on multiple occasions; (2) The plaintiff called the doctor regarding her  concerns of the impact of the move; (3) the man’s father separately called the  doctor about his son; and (4) the doctor was aware of the man’s “fragile  psychological state, coupled with his possession of guns and various hunting  rifles.”

Judge Minora’s opinion does  not discuss the defendant psychiatrist’s response to the former wife’s phone  calls regarding her ex-husband, nor does the opinion discuss the former  husband’s behavior during treatment other than to say the doctor was aware of  the man’s “fragile psychological state, coupled with his possession of guns and  various hunting rifles.”

Finally, the doctor argued that summary judgment was in order, since the former  wife failed to produce an expert report critical of the defendant psychiatrist.  The Court held Summary Judgment was inappropriate because the defendants failed  to pursue the remedies available under Pa. R.C.P. 1042.31(a), including  sanctions, for the plaintiff’s failure to produce reports.

The doctor filed a Motion for  Reconsideration of the Court’s denial of his Motion for Summary Judgment, which  was denied. The Court rejected the doctor’s argument that since the Court  previously held there was no common law duty owed by the doctor to the plaintiff,  there could be no valid claim. Judge Minora explained that the previous  decision was based upon the MHPA, which allows a physician to be held liable  for gross negligence.

Comment: Although Rarrick v. Silbert declined to broaden a  psychiatrist’s duty to warn third parties beyond the common law duty requiring  a readily identifiable victim and specific threat of imminent harm, the Court  cited the MHPA as a separate basis to hold the defendant psychiatrist liable.  The Court’s distinction between a common law duty and a separate statutory duty  under the MHPA warrants attention from psychiatrists when treating potentially  dangerous patients in an inpatient setting. The key decisions would pertain to  the decision of whether to admit the patient, whether to discharge the patient,  and whether to recommend the patient for a lower level of care, such as partial  hospitalization.

It is unclear from the opinion in Rarrick whether the doctor was treating the patient in an inpatient  or outpatient setting. Under Pennsylvania law, courts have applied different  duties of care for inpatient versus outpatient mental health treatment. Where a patient is being treated by a mental  health provider in an inpatient context, the MHPA requires that a plaintiff  prove the defendant’s actions in deciding “that a person be examined or treated  …or that a person be discharged or placed on a partial hospitalization,  outpatient care, or leave of absence” constituted gross negligence or willful  misconduct.” 50 P.S. § 7101, et seq. Assuming  the doctor treated the patient in an inpatient setting and inappropriately  discharged him from inpatient care, the gross negligence standard would apply  and the doctor could not be found liable absent gross negligence or willful  misconduct. The significance of Rarrick may lie in the fact that the Court found the defendant psychiatrist’s conduct  may constitute gross negligence where the plaintiff contacted the doctor  regarding her ex-husband’s erratic and threatening behavior and was aware of  his “fragile psychological state, coupled with his possession of guns and  various hunting rifles.”

For more  information,  please contact Noah E. Katz at nkatz@wglaw.com or 570.961.2706

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