Standard to Meet Gross Negligence and What Protections Are Afforded Pursuant to Pennsylvania Mental Health Procedures Act Outlined by Pennsylvania Court

The Pennsylvania Superior Court affirmed summary judgment and found that the treatment given to a patient in a mental health facility did not rise to the level of gross negligence needed to overcome the immunity provided by the Pennsylvania Mental Health Procedures Act. 

The patient—diagnosed with dementia and addressed as a high-fall risk—attempted to run, fell, sustained a hip fracture and later passed away. The hospital sought summary judgment, asserting immunity under the Pennsylvania Mental Health Procedures Act (MHPA), which protects facilities, physicians, and other authorized people in the absence of willful misconduct or gross negligence for certain decisions related to treatment. 

The trial court granted the motion, concluding the hospital’s actions did not constitute gross negligence or willful misconduct. 

The Superior Court affirmed this decision, agreeing that the hospital’s conduct did not rise to the level of gross negligence required to overcome statutory immunity. 

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